SCOTUS Resolution

Senate's Court Obligations Trump Unconstitutional Stalling Resolution or the SCOTUS Resolution

Prohibits the House of Representatives or Senate from adjourning, remaining adjourned, or convening solely in a pro forma session for a period of more than two days (excluding Saturdays, Sundays, and legal holidays, except when the House or Senate is in session on such a day) during the remainder of the 114th Congress unless, at the time the period of adjournment begins, the Senate has taken action on the nomination of Judge Merrick Garland for Associate Justice of the Supreme Court by: (1) holding a hearing on the nomination in the Senate Judiciary Committee, or (2) holding a vote on the nomination in the Senate.

Requires such prohibition to take effect July 19, 2016.

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 132 Introduced in House (IH)]

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114th CONGRESS
  2d Session
H. CON. RES. 132

 Prohibiting the House or Senate from adjourning or convening in a pro 
 forma session for a period of more than 2 days unless the Senate has 
   acted upon the nomination of Judge Merrick Garland for Associate 
                     Justice of the Supreme Court.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2016

Ms. Esty (for herself, Mr. Van Hollen, Ms. Duckworth, Mrs. Kirkpatrick, 
     Mr. Murphy of Florida, and Mr. Polis) submitted the following 
  concurrent resolution; which was referred to the Committee on Rules

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
 Prohibiting the House or Senate from adjourning or convening in a pro 
 forma session for a period of more than 2 days unless the Senate has 
   acted upon the nomination of Judge Merrick Garland for Associate 
                     Justice of the Supreme Court.

Whereas, on February 13, 2016, Justice Antonin Scalia passed away, vacating a 
        seat on the Supreme Court of the United States;
Whereas, on February 23, 2016, Republican Senators on the Committee on the 
        Judiciary of the Senate announced that they would hold public 
        confirmation hearings for Supreme Court nominees only after the next 
        President is sworn in on January 20, 2017;
Whereas, on March 16, 2016, President Barack Obama nominated Court of Appeals 
        Judge Merrick Garland to the Supreme Court;
Whereas the Committee on the Judiciary of the Senate has yet to hold a public 
        confirmation hearing to fill the vacancy created by the death of Justice 
        Antonin Scalia;
Whereas since 1949, when the Committee on the Judiciary of the Senate began 
        routinely holding public confirmation hearings for Supreme Court 
        nominees, the Committee on the Judiciary has held hearings for every 
        nominee to the Court except for those whose nominations were withdrawn 
        by a President, meaning that the Committee has never refused to hold 
        hearings for a nominee because such hearings would occur during a 
        presidential election year;
Whereas the Senate has never delayed a vote to approve or disapprove a Supreme 
        Court nominee, other than a nominee whose nomination was withdrawn, for 
        more than 125 days;
Whereas if the Senate waits to hold a public confirmation hearing on a Supreme 
        Court nominee until after the next President is sworn in, the seat will 
        remain vacant for more than 342 days;
Whereas the Senate has held public confirmation hearings or a confirmation vote 
        for Supreme Court nominees in past presidential election years;
Whereas, on March 22, 2016, the Supreme Court handed down its first deadlocked 
        decision since the late Justice Scalia's seat became vacant, a 4-4 
        decision in Hawkins v. Community Bank of Raymore;
Whereas between February 13, 2016, and the swearing in of the next President, 
        the Supreme Court is likely to grant and hear as many as 80 oral 
        arguments; and
Whereas the refusal of the Committee on the Judiciary of the Senate to consider 
        any nominee appointed by President Barack Obama impairs the Supreme 
        Court's ability to perform its constitutional duties, potentially 
        leaving many critical legal questions unresolved by the Supreme Court 
        over the course of two Supreme Court terms: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring),

SECTION 1. SHORT TITLE.

    This resolution may be cited as the ``Senate's Court Obligations 
Trump Unconstitutional Stalling Resolution'' or the ``SCOTUS 
Resolution''.

SEC. 2. PROHIBITING ADJOURNMENT OR PRO FORMA SESSIONS UNTIL ACTION ON 
              NOMINATION OF JUDGE MERRICK GARLAND TO SUPREME COURT.

    (a) In General.--The House of Representatives or Senate may not 
adjourn, remain adjourned, or convene solely in a pro forma session for 
a period of more than 2 days (excluding Saturdays, Sundays, and legal 
holidays, except when the House or Senate is in session on such a day) 
during the remainder of the One Hundred Fourteenth Congress unless, at 
the time the period of adjournment begins, the Senate has taken action 
on the nomination of Judge Merrick Garland for Associate Justice of the 
Supreme Court by--
            (1) holding a hearing on the nomination in the Committee on 
        the Judiciary of the Senate; or
            (2) holding a vote on the nomination in the Senate.
    (b) Effective Date.--Subsection (a) shall take effect July 19, 
2016.
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