Thank you for writing to me regarding the United States Supreme Court. I appreciate hearing from you and welcome the opportunity to respond.
As you may know, the Constitution grants the President the power to nominate a candidate for the vacancy left after Supreme Court Justice Antonin Scalia’s untimely death. The Constitution separately gives the Senate the power of advice and consent regarding a nomination. President Obama’s supporters repeat the slogan that the Senate must “do its job” with respect to the Scalia vacancy, and I agree. The Senate’s job is to determine the most appropriate way to fulfill our advice-and-consent role in the particular circumstances surrounding this vacancy. The Senate would not be doing its job, for example, if it structured the confirmation process in a way that was more appropriate for a situation different than the one we face today. In addition, withholding consent can be just as valid an exercise of the Senate’s role as granting it, and deferring the confirmation process can be just as appropriate as proceeding with it immediately.
I am convinced that the best way for the Senate to exercise its advice-and-consent responsibility regarding the Scalia vacancy is to hold consideration of a nominee after the election season is over. Both the confirmation process and the current presidential campaign, which is already well underway, have become confrontational and divisive. Considering a nomination in the middle of a contentious presidential election would be unfair to the nominee and could damage the judicial confirmation process even further. The goal of minimizing the politics surrounding the confirmation process is better served by conducting thoughtful deliberation after the presidential election season has come to an end.
Waiting to confirm a nominee is also necessary to respect the will of the American people after the 2014 mid-term election. Elections have consequences, and in the last election, the American people elected a Republican Senate majority to help check the President’s power. The decision by Senate Republicans to wait until after the election to confirm a nominee is simply a fulfillment of that promise. Americans will again make their voices known in the 2016 election when they vote for a President who will decide the direction of our nation’s highest court.
The issue is when—not whether—the confirmation process should occur for the Scalia vacancy. I remain convinced that the Senate can best do its job by conducting the confirmation process after this toxic presidential election season is over. Doing so is the best way to ensure fairness to a nominee, preserve the integrity of the judicial branch, and give the American people a voice in the direction of the Supreme Court.
I have served longer on the Judiciary Committee than all but one Senator in the committee’s history. During these past four decades, including eight years as chairman of the committee, I have worked hard to be fair toward the nominees chosen by Presidents of both parties. I have absolutely no doubt that my decision regarding the current vacancy fits squarely within this record of fairness.
Thank you, again, for contacting me with your comments. If you would like to have regular updates on my work in the U.S. Senate, I encourage you to subscribe to my E-newsletter, visit my Facebook page, and follow me on Twitter.
Your Senator,
Orrin G. Hatch
United States Senator