SENATE DOCKET, NO. 2467        FILED ON: 2/25/2016

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2146

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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Resolutions MEMORIALIZING THE UNITED STATES SENATE TO SWIFTLY AND DILIGENTLY FULFILL ITS CONSTITUTIONAL RESPONSIBILITY TO CONSIDER THE PRESIDENT OF THE UNITED STATES’ NOMINEE TO THE SUPREME COURT.

WHEREAS, THE PEOPLE OF THE COMMONWEALTH DESERVE TO HAVE A FULLY FUNCTIONING SUPREME COURT WITH  9 JUSTICES TO PRESIDE OVER THE THOUSANDS OF CASES THAT COME BEFORE THE COURT EACH YEAR; AND

WHEREAS, THE SUPREME COURT IS ESSENTIAL TO THE UNITED STATES’ CONSTITUTIONAL SYSTEM OF GOVERNMENT, SERVING AS THE FINAL ARBITER OF THE CONSTITUTION AND THE HIGHEST COURT IN THE NATION; AND

WHEREAS, THE SUPREME COURT’S POWER OF JUDICIAL REVIEW ACTS AS A VITAL CHECK ON THE POWER OF THE EXECUTIVE AND LEGISLATIVE BRANCHES OF GOVERNMENT; AND

WHEREAS, ARTICLE II, SECTION 2 OF THE UNITED STATES CONSTITUTION AUTHORIZES THE PRESIDENT TO NOMINATE AND, WITH THE ADVICE AND CONSENT OF THE SENATE, APPOINT JUDGES TO THE SUPREME COURT; AND

WHEREAS, NOTHING IN THE UNITED STATES CONSTITUTION LIMITS THE PRESIDENT’S POWER TO NOMINATE AND APPOINT JUDGES TO THE SUPREME COURT IN THE FINAL YEAR OF HIS OR HER TERM OR IN AN ELECTION YEAR; AND

WHEREAS, THERE ARE SEVERAL EXAMPLES IN HISTORY WHERE A JUDGE HAS BEEN SUCCESSFULLY NOMINATED, CONFIRMED AND APPOINTED TO THE SUPREME COURT IN THE YEAR PRECEDING A PRESIDENTIAL ELECTION, INCLUDING JUSTICE ANTHONY KENNEDY BY PRESIDENT REAGAN, JUSTICE BENJAMIN CARDOZO BY PRESIDENT HOOVER AND JUSTICE LOUIS BRANDEIS BY PRESIDENT WILSON; AND

WHEREAS, IN THE EVENT OF A VACANCY ON THE SUPREME COURT, FAILING TO TIMELY NOMINATE, CONSIDER AND CONFIRM THE NEXT JUSTICE FOR PARTISAN POLITICAL REASONS WOULD UNDERMINE THE PLAIN MEANING AND INTENT OF THE CONSTITUTION AND BE A PROFOUND DISSERVICE TO THE AMERICAN PEOPLE; NOW THEREFORE BE IT

RESOLVED, THAT THE MEMBERS OF THE MASSACHUSETTS SENATE RESPECTFULLY URGE THE MEMBERS OF THE UNITED STATES SENATE TO SWIFTLY AND DILIGENTLY FULFILL THEIR CONSTITUTIONAL RESPONSIBILITY BY GRANTING A FAIR HEARING AND A TIMELY VOTE TO THE PRESIDENT’S NEXT NOMINEE TO THE SUPREME COURT; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THESE RESOLUTIONS BE TRANSMITTED FORTHWITH BY THE CLERK OF THE SENATE TO THE UNITED STATES SENATE.