General Assembly Senate Resolution No. 11
February Session, 2016 LCO No. 3565
*03565__________*
Referred to Committee on No Committee
Introduced by:
SEN. DUFF, 25th Dist.
General Assembly
Senate Resolution No. 11
February Session, 2016
LCO No. 3565
*03565__________*
Referred to Committee on No Committee
Introduced by:
SEN. DUFF, 25th Dist.
RESOLUTION MEMORIALIZING THE UNITED STATES SENATE TO CONDUCT CONFIRMATION HEARINGS FOR THE PRESIDENT'S NOMINEE TO FILL THE VACANCY ON THE UNITED STATES SUPREME COURT.
Resolved by the Senate:
WHEREAS, Article III of the United States Constitution establishes "the judicial Power of the United States" and, specifically, "one supreme Court"; and
WHEREAS, pursuant to said Article III, the judicial power extends to all "Cases" arising under federal law and to any "Controversies", including, but not limited to, Controversies to which the United States is a party, Controversies between two or more States and Controversies between the citizens of different States; and
WHEREAS, pursuant to said Article III, Justices of the United States Supreme Court "hold their Offices during good Behaviour", meaning each Justice's appointment to the Court is for life, unless such Justice resigns from the Court or is removed by impeachment; and
WHEREAS, on February 13, 2016, Associate Justice of the United States Supreme Court Antonin Scalia passed away; and
WHEREAS, the passing of Justice Scalia left a vacancy on the Court, reducing the number of Justices on the Court from nine to eight; and
WHEREAS, Article II of the United States Constitution provides that the President of the United States "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint . . . Judges of the supreme Court"; and
WHEREAS, the President of the United States has nominated Merrick Garland, Chief Judge of the United States Court of Appeals for the District of Columbia Circuit, who "has earned a track record of building consensus as a thoughtful, fair-minded judge who follows the law" and who received bipartisan support during his confirmation to said court in 1997; and
WHEREAS, the majority leadership of the United States Senate has stated that the Senate will neither conduct any confirmation hearings for nor hold any vote on any Supreme Court Justice nominee put forth by the current President of the United States for the purpose of filling the vacancy left by the passing of Justice Scalia until after the 2016 presidential election; and
WHEREAS, a majority of the Justices on the Court, by joining in any holding of an opinion, may set forth a rule of law that is binding upon the United States government and the governments of the several States; and
WHEREAS, the state of the law in this country may be uncertain in the absence of nine Justices sitting on the Supreme Court adjudicating the Cases and Controversies that come before the Court; and
WHEREAS, the Court's pending decision in Harris v. Arizona Independent Redistricting Commission, No. 14-232 (argued December 8, 2015), would have far-reaching effects on the electoral reapportionment process and the conduct of elections in Connecticut; and
WHEREAS, the Court's pending decisions in Whole Women's Health v. Hellerstedt, No. 15-274 (argued March 2, 2016), and Zubik v. Burwell, No. 14-1418 (argued March 23, 2016), would significantly impact the reproductive rights of countless Connecticut women; and
WHEREAS, the Court's pending decision on granting certiorari in Shew v. Malloy, 804 F.3d 242 (2d Cir. 2015) (petition filed February 16, 2016, No. 15-1030), involves Connecticut's 2013 gun control legislation, enacted in the wake of horrific tragedy and with the goal of, among other things, restricting access to certain dangerous firearms; and
WHEREAS, the rulings on these and any other such Cases and Controversies may be less decisive and more susceptible to deadlock on important legal issues in the absence of nine Justices sitting on the Supreme Court; and
WHEREAS, on March 22, 2016, only thirty-eight days after the passing of Justice Scalia, the Court has already issued an evenly-split decision; and
WHEREAS, inaction by the United States Senate should not override the nation's need and desire for a clear, sound and stable body of law.
NOW, THEREFORE, BE IT RESOLVED, that the Connecticut Senate respectfully memorializes the United States Senate to hold confirmation hearings on the Supreme Court Justice nominee put forth by the President of the United States, confirm any such qualified nominee and thereby appoint such qualified nominee to fill the vacancy on the United States Supreme Court, in accordance with Article II of the United States Constitution; and
BE IT FURTHER RESOLVED, that the clerk of the Connecticut Senate cause a copy of this resolution to be transmitted to the President of the United States; the Vice President of the United States, in his capacity as presiding officer of the United States Senate and addressed to him in the office he maintains at the United States Capitol Building; the President Pro Tempore of the United States Senate; the Majority Leader of the United States Senate; and the Minority Leader of the United States Senate.