For Immediate Release
April 21, 2016
Contact
Aletheia Henry, 614.668.5116
Aletheia.henry@
John Neurohr, 724-903-0077
Philadelphia Joins Americans from Around the Country in Their Strong Support of Supreme Court Nominee Merrick Garland
Calls on Republican Senate to Stop Unprecedented Obstruction And Do Its Job, Give Garland A Hearing and Up-or-Down Vote
Philadelphia, PA – Today, Philadelphia City Council overwhelmingly passed a resolution calling on the United States Senate to do its constitutional duty and provide a fair hearing and timely vote for President Obama’s Supreme Court nominee, Judge Merrick Garland.
Mayor Jim Kenney said of the resolution “I commend City Council on passing this resolution. The US Senate is shirking their constitutional duty to fully complete our system of checks and balances by their refusal to hold hearings for Judge Garland’s nomination to the Supreme Court. There is no justifiable reason why the Senate should not hold hearings, and I urge them to take action today.”
Upon introducing the resolution 9th District City Councilwoman Cherelle L. Parker said “The City Council of Philadelphia strongly encourages the U.S. Senate to fulfill its constitutional responsibility and give Judge Merrick Garland a fair hearing and a timely vote.”
Nominated by President Obama on March 16th, Judge Garland has more federal judicial experience than any other Supreme Court nominee in history and has been described as a “consensus nominee” by conservatives. Even Chief Justice John Roberts has said “anytime Judge Garland disagrees, you know you’re in a difficult area.” Today’s resolution applauds Garland’s track record as a “thoughtful, fair-minded judge who follows the law” and highlights the importance of having a full Supreme Court, without which we could have widespread dysfunction and uncertainty in the Judicial Branch. As over 350 law professors warned in a letter to Congressional leaders: ‘A long-term vacancy jeopardizes the Supreme Court’s ability to resolve disputed questions of federal law, causing uncertainty and hampering the administration of justice across the country.’
Yet despite Judge Merrick’s qualifications and the clear need for nine justices, current Republican Senate Majority Leader Mitch McConnell, JudiciaryCommittee Chair Chuck Grassley , and Pennsylvania Senator Pat Toomey have announced their plan to not hold hearings or consider any Supreme Court nominees until after the next president is sworn into office. This represents an unprecedented level of obstruction that could leave the seat vacant for two terms of the court. Instead, Toomey, McConnell, and Grassley hope to stall until their party’s presumptive nominee, Donald Trump, is able to place someone on the highest court in the land.
Poll after poll has shown that the overwhelming majority of Americans disagree with McConnell and Grassley and believe that the Senate should do its job. In red and blue states alike, hundreds of editorial boards have slammed the GOP Senate for trampling on the Constitution and shutting down the Supreme Court nomination process. President Obama has fulfilled his constitutional duty and presented an eminently qualified nominee for the Supreme Court. Today’s resolution from Philadelphia joins the chorus of voices calling on Senate Republicans to do their job: End the obstruction and give Judge Garland the fair hearing and up-or-down vote he deserves.
See The Full Text Of The Resolution Below:
RESOLUTION
Urging the United States Senate to perform its constitutional duty to advise and consent on the President’s nomination of Judge Merrick Garland to the Supreme Court of the United States.
Whereas the Constitution of the United States provides that the Senate shall provide Advice and Consent for appointments to the Supreme Court of the United States; and
Whereas the Senate’s constitutional duty to advise and consent on judicial nominees is one of its most important and solemn responsibilities; and
Whereas the Senate has confirmed more than a dozen Supreme Court justices in presidential election years, including five in the last 100 years; and
Whereas the Senate has confirmed justices in presidential election years in which the executive and legislative branches of government were divided between two political parties, including Justice Anthony Kennedy’s confirmation in 1988; and
Whereas the Senate Judiciary Committee has never denied a Supreme Court nominee a hearing since it began holding public confirmation hearings; and
Whereas if the Senate refuses to consider a Supreme Court nominee until after the next President is sworn into office, it will result in the longest Supreme Court vacancy caused by Senate inaction since the Civil War; and
Whereas the Supreme Court serves an essential function resolving critical questions of law that affect our community, its economy, and its citizens; and
Whereas, the President has nominated Merrick Garland, Chief Judge of the U.S. 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
Whereas, Judge Garland is well-qualified and has more judicial experience than any Supreme Court nominee in history; and
Whereas forcing the Supreme Court to function with only eight justices risks creating numerous instances in which the Court is evenly divided on the outcome of a case, preventing the Court from resolving conflicting interpretations of the Constitution among different regions of the Nation and thereby undermining the Supreme Court’s role as the final arbiter of the law; and
Whereas every Supreme Court nominee who was not withdrawn by the President has received an up-or-down vote within 125 days of President’s nomination announcement; and
Whereas the Supreme Court vacancy caused by the death of Justice Antonin Scalia occurred on February 13, 2016, 269 days before the 2016 presidential election, and since 1975, the average number of days from nomination to confirmation vote for a Supreme Court nominee has been 70 days. Now therefore, be it
RESOLVED, BY THE COUNCIL OF THE CITY OF PHILADELPHIA,That this Council urges the United States Senate to perform its constitutional duty to provide advice and consent on the President’s Supreme Court nominee by:
1. promptly scheduling a hearing in the Senate Judiciary Committee for Judge Merrick Garland, so that the his nomination can be considered on his own merits in an open and transparent manner;
2. holding a confirmation vote on the Senate floor, with opportunity for debate on Judge Merrick Garland’s nomination; and
3. working on behalf of the people of the United States to ensure that the vacancy on the Supreme Court is filled without undue and unnecessary delay so that the Supreme Court can effectively serve its essential constitutional function as the final arbiter of the law.
FURTHER RESOLVED, That an engrossed copy of this resolution be presented to the leadership of the Senate of the United States and to both of the U.S. Senators representing the Commonwealth of Pennsylvania, as evidence of the sincere sentiments of this legislative body.
April 21, 2016
City Councilwoman Cherelle L. Parker
City Councilwoman Helen Gym
Councilwoman Cindy Bass
Councilman Derek Green