Supreme Court vacancy, 2017: An overview

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On January 31, 2017, President Donald Trump nominated Neil Gorsuch to succeed Justice Antonin Scalia on the U.S. Supreme Court. Scalia was a member of the U.S. Supreme Court for three decades.[1] President Trump said regarding the nomination,[2]

“

I am proud to announce the nomination of Judge Neil Gorsuch for Justice of the Supreme Court ... This has been the most transparent and most important Supreme Court selection process in the history of our country and I wanted the American people to have a voice in this nomination. Judge Gorsuch has a superb intellect, an unparalleled legal education, and a commitment to interpreting the Constitution according to its text. He will make an incredible Justice as soon as the Senate confirms him. [3]

”

Confirmation hearings on Gorsuch's nomination before the Senate Judiciary Committee were held from March 20-23, 2017. On April 3, 2017, voting 11-9 on party lines, the Senate Judiciary Committee reported Neil Gorsuch's nomination to the full U.S. Senate. That same day, Senate Democrats announced that they had a sufficient number of votes to sustain a filibuster against the nomination of Judge Neil Gorsuch to the U.S. Supreme Court. In anticipation of an expected filibuster, Senate majority leader Mitch McConnell (R-Ky.) indicated that he was prepared to restrict the use of filibusters on Supreme Court nominations, referred to as the nuclear option. The Senate voted on April 6, 2017, to end the use of filibusters on all presidential nominations and proceeded to vote to end debate on the Gorsuch nomination. Gorsuch was confirmed on a recorded 54-45 vote of the Senate on Friday, April 7, 2017, and he received his commission on Monday, April 10, 2017.[4]

HIGHLIGHTS
  • President Donald Trump (R) nominated Judge Neil Gorsuch to the U.S. Supreme Court on January 31, 2017.
  • On January 3, 2017, the first day of the 115th Congress, Republicans held a 52-48 majority in the U.S. Senate.
  • Confirmation hearings before the Senate Judiciary Committee were held on March 20-23, 2017.
  • On April 3, 2017, voting 11-9 on party lines, the Senate Judiciary Committee reported Gorsuch's nomination to the full U.S. Senate.
  • Gorsuch was confirmed on a recorded 54-45 vote of the U.S. Senate on Friday, April 7, 2017. He received his commission as an associate justice on Monday, April 10, 2017.

    • Timeline

    The following timeline highlights major events attending the nomination of Neil Gorsuch to the U.S. Supreme Court.

    • April 7, 2017: Senate minority whip Dick Durbin (D-Ill.) yielded the remaining time from Democrats for debate. Senator Mitch McConnell (R-Ky.) called for a vote on the nomination. Vice President Mike Pence presided over the vote. The Senate subsequently voted to confirm Gorsuch on a recorded 54-45 vote.[5]
    • April 6, 2017: The U.S. Senate failed to invoke cloture on a Democratic filibuster of Judge Neil Gorsuch's nomination to the U.S. Supreme Court. To break the filibuster, 60 senators were required to agree to invoke cloture. Fifty-five senators -- 51 Republicans and four Democrats -- voted to invoke cloture. The Democratic senators who voted with the Republicans were Michael Bennet (D-Colo.), Joe Donnelly (D-Ind.), Heidi Heitkamp (D-N.D.), and Joe Manchin (D-W.V.) CBS News reported that Bennet was under pressure to support Gorsuch's nomination because Gorsuch is from Colorado. Senate majority leader Mitch McConnell (R-Ky.) was the only Republican to vote against invoking cloture as a procedural mechanism to begin the process of changing the rules for closing debate on the nomination by a simple majority of votes. A motion to reconsider passed.[6] Senator Democratic leader Chuck Schumer (D-N.Y.) made a series of parliamentary inquiries and then moved to postpone a vote on the nomination until 3:00 p.m. on Monday, April 24, 2017. That motion failed. Sen. McConnell then raised a point of order that the cloture vote should be upheld under the precedent established on November 21, 2013, and applied to all nominations. That precedent called for a simple majority vote to close debate on all nominations. That point of order was denied. McConnell appealed the ruling of the chair. Prior to consideration of McConnell's appeal, Sen. Schumer made two parliamentary points of inquiry and then made a motion to adjourn the Senate until 5:00 p.m. today. That motion failed. The chair then called for a vote on McConnell's appeal. The question was whether to retain the current 60-vote threshold for ending debate on Supreme Court nominations. A 52-48 majority along party lines voted against retaining the 60-vote threshold to end debate on Supreme Court nominations, opting instead for a simple majority being required to end debate. The change installing a rule lowering the threshold for ending debate from 60 senators to 51 senators is referred to as the nuclear option. Under the new threshold, the Senate subsequently voted to end debate on Gorsuch's nomination. Because Gorsuch was filibustered under the previous rule, Senate rules allowed for an additional 30 hours of debate for any Supreme Court nomination once cloture is invoked. A final confirmation vote on Gorsuch's nomination to the Supreme Court was to take place on Friday.
    • April 5, 2017: The U.S. Senate continued its floor debate over Neil Gorsuch’s nomination to the U.S. Supreme Court. U.S. Sen. Jeff Merkley (D-Ore.) spoke on the floor for 15 hours and 28 minutes, starting at 6:45 p.m. on Tuesday, April 4. According to a report in Roll Call, Merkley’s was the eighth-longest speech in the Senate since 1900. After Merkley’s speech ended and legislative business began on Wednesday, the Senate alternated 60 minute intervals between the majority and the minority to debate the nomination.
    • April 4, 2017: On a 55-44 vote, the U.S. Senate passed a procedural motion to begin debate on the nomination of Neil Gorsuch to be an associate justice of the U.S. Supreme Court on the floor of the Senate. Four Democratic senators-Michael Bennet (D-Colo.), Joe Donnelly (D-Ind.), Heidi Heitkamp (D-N.D.), and Joe Manchin (D-W.V.)-voted with 51 of 52 Republican senators to pass the motion. Senator Johnny Isakson (R-Ga.) did not vote. In a related move, Senate majority leader Mitch McConnell (R-Ky.) filed a motion to invoke cloture, which would limit debate on the nomination. Under Senate rules, action on Sen. McConnell's motion would be taken on Thursday, April 6, 2017. In the interim, senators debated the nomination on the floor.[7]
    • April 3, 2017: Senate Democrats announced that they had a sufficient number of votes to sustain a filibuster against the nomination of Judge Neil Gorsuch to the U.S. Supreme Court. In anticipation of an expected filibuster, Senate majority leader Mitch McConnell (R-Ky.) indicated that he was prepared to restrict the use of filibusters on Supreme Court nominations, referred to as the nuclear option. A final vote on confirmation was expected this week.
    • April 2, 2017: U.S. Senator Joe Donnelly (D-Ind.) became the third Democratic senator to indicate that he would vote to confirm Neil Gorsuch to the U.S. Supreme Court. In a statement, Senator Donnelly said, "After meeting with Judge Gorsuch, conducting a thorough review of his record, and closely following his hearing before the Senate Judiciary Committee, I believe that he is a qualified jurist who will base his decisions on his understanding of the law and is well-respected among his peers."[8]
    • March 23, 2017: Confirmation hearings on Judge Neil Gorsuch's nomination to be an associate justice of the U.S. Supreme Court concluded today. The committee heard testimony from a number of outside witnesses speaking both in support of, and in opposition to, Judge Gorsuch's confirmation. As the proceedings transpired, U.S. Senate Democratic leader Chuck Schumer (D-N.Y.) signaled his members' intention to filibuster the nomination. The Senate Judiciary Committee was scheduled to meet on Monday, March 27, to vote on whether to report the nomination to the full Senate.[10]
    For more, see Neil Gorsuch confirmation hearings: Day 4
    • March 22, 2017: Confirmation hearings for Judge Neil Gorsuch to be an associate justice on the U.S. Supreme Court continued today before the Senate Judiciary Committee. Gorsuch concluded his testimony in two rounds of questioning by committee members. The hearings were expected to conclude tomorrow with testimony from outside witnesses representing various groups and individuals.
    For more, see Neil Gorsuch confirmation hearings: Day 3
    • March 21, 2017: Confirmation hearings for Judge Neil Gorsuch to be an associate justice on the U.S. Supreme Court continued today before the Senate Judiciary Committee. Each member was given 30 minutes to question the nominee. Today's hearing lasted for nearly eleven-and-a-half hours.
    For more, see Neil Gorsuch confirmation hearings: Day 2
    • March 20, 2017: Confirmation hearings for Judge Neil Gorsuch to be an associate justice on the U.S. Supreme Court began today before the Senate Judiciary Committee. Committee chairman Chuck Grassley (R-Iowa) began the hearings with some procedural items. Each senator on the committee then read statements into the record. U.S. senators from Colorado Cory Gardner (R) and Michael Bennet (D) both read a statement introducing the nominee. These statements were followed by a statement from former acting U.S. Solicitor General Neal Katyal. Katyal served as acting solicitor general during the Obama administration from 2010 to 2011. Judge Gorsuch also read a statement into the record. Gorsuch was then sworn in by Senator Grassley in advance of Gorsuch's testimony tomorrow. The senator concluded today's session by outlining the schedule and procedure for hearings on March 21, 2017.
    For more, see Neil Gorsuch confirmation hearings: Day 1
    • March 9, 2017: The American Bar Association's standing committee on the federal judiciary gave Gorsuch a unanimous rating of "well qualified" for his nomination to the U.S. Supreme Court, which is the highest rating the committee awards.[11]
    • February 8, 2017: According to a report from CBS News, "Gorsuch, whom Mr. Trump nominated to fill the late Justice Antonin Scalia’s seat on the Supreme Court, discussed the president’s sustained attacks on the federal court system in his meeting with Sen. Richard Blumenthal (D-Connecticut). A source on the Supreme Court nomination team said the two talked about Mr. Trump’s recent attacks on the judiciary. Blumenthal feels disheartened by what the president has said about several judges, and thinks the attacks are abhorrent. Gorsuch reportedly agreed that it was disheartening and said it was ‘demoralizing.’” In a tweet, President Trump indicated that Blumenthal misrepresented Gorsuch’s comments.[19][20]
    • February 4, 2017: In a post on his official Senate Facebook page, Democratic leader Chuck Schumer (D-N.Y.) suggested that President Trump's criticism of Judge James Robart, a judge on the United States District Court for the Western District of Washington, could impact Trump's nomination of Judge Neil Gorsuch to the U.S. Supreme Court. On February 3, Robart ordered a nationwide stay on Trump's January 27, 2017, executive order which indefinitely restricted entry by Syrian refugees to the United States and temporarily suspended entry by other refugees and citizens of seven majority-Muslim countries. Robart's stay preempts federal employees from enforcing the order. The Trump administration announced they would appeal the stay. President Trump stated on his Twitter account, "The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!"[25]

    In response to that tweet, Sen. Schumer posted on Facebook:[26]

    “

    The President's attack on Judge James Robart, a Bush appointee who passed through the Senate with 99 votes, shows a disdain for an independent judiciary that doesn't always bend to his wishes and a continued lack of respect for the Constitution, making it more important that the Supreme Court serve as an independent check on the administration.

    With each action testing the Constitution, and each personal attack on a judge, President Trump raises the bar even higher for Judge Gorsuch's nomination to serve on the Supreme Court. His ability to be an independent check will be front and center throughout the confirmation process. [3]

    		”
    • February 3, 2017: In an interview with Roll Call, Senate Judiciary Committee chairman Senator Chuck Grassley (R-Iowa) expressed his hope that the confirmation process for Judge Neil Gorsuch to the U.S. Supreme Court would be completed before the Easter recess, a timeline of roughly six weeks. The hearing schedule would include a third full day for outside witnesses under the senator's timetable. In Senator Grassley's words,[29]
    “

    I’m not saying absolutely six weeks because you always try to be accommodating to the minority as long as they are reasonable, and so we have to work things out, but it kind of works out to be about six weeks ... We will try to have the hearing in one day, but before that one day that you ask him questions, there’s going to be one day of speeches by members of the committee, and the candidate’s going to have to sit there, and listen to that ... That could be a short day if we’ve got one round. Or if we’ve got two rounds or three rounds, it could get to be a long day, but ... my intention is to get it done that one day. [3]

    		”
    • January 31, 2017: The Washington Post reported that former U.S. senator from New Hampshire, Kelly Ayotte (R), would aid in the nomination process. According to the Post's report, "Ayotte will serve as the nominee’s so-called sherpa, personally introducing the pick to senators and escorting him or her to meetings and the confirmation hearing ... Trump and his advisers sought Ayotte’s help guiding the nominee through the Senate, where she could use her personal relationships with centrist senators to attract Democratic support. The president wants to unify senators around his nominee, and by selecting Ayotte the White House hopes to show that Trump can overcome personal grudges."[34]
    • January 30, 2017: Senator Jeff Merkley (D-Ore.) announced in an interview that he intended to filibuster any nominee to the U.S. Supreme Court unless that nominee was Judge Merrick Garland, who was President Barack Obama's choice to succeed Justice Antonin Scalia. Merkley said, "This is a stolen seat. This is the first time a Senate majority has stolen a seat ... We will use every lever in our power to stop this." Such a move would require a 60-person majority to end the filibuster and proceed to a vote of the full U.S. Senate in order to confirm the nominee.[35]
    • January 30, 2017: The White House announced that President Trump would announce his nominee to the U.S. Supreme Court on Tuesday, January 31, 2017, at 8:00 p.m.[36]
    • January 20, 2017: Donald Trump was inaugurated as the 45th president of the United States.[39]
    • January 19, 2017: During what was reported as a leadership meeting by CNN, Donald Trump stated that his timeline for announcing his nominee was within the first two to three weeks of his administration.[40]
    • January 11, 2017: During a press conference, Donald Trump indicated that he would announce his nominee for the Supreme Court within the first two weeks of his presidency. Trump stated that he had a number of meetings with some of the candidates on his previously released lists and indicated that the candidates were outstanding in every case.[41][42]
    • January 3, 2017: Judge Merrick Garland's nomination to the U.S. Supreme Court was returned to the president at the sine die adjournment of the 114th Congress. The U.S. Senate took no action on the nomination. The 294-day period set a record for the longest interval from nomination to Senate action for any Supreme Court nominee, besting the 125-day interval attending Justice Louis Brandeis' nomination in 1916.[43]
    • December 19, 2016: Donald Trump was formally elected president by the Electoral College.[44]
    • December 1, 2016: President-elect Donald Trump told Fox News' Sean Hannity that he was down to around three or four names for Justice Scalia's successor and that he would announce his Supreme Court nominee in the near future. Leonard Leo, who served as an advisor to the Trump administration on the Supreme Court, said that the plan was to fill the Scalia vacancy in time for a new justice to be seated for the final sitting of this term, which began on April 17, 2017.[45][46]
    • November 8, 2016: Donald Trump was elected the 45th president of the United States.[47]
    • September 23, 2016: Donald Trump released a second list of ten additional individuals which, when combined with his list from May 2016, he said would comprise the complete list of candidates from which Trump would choose not only Justice Scalia's successor, but also any future vacancies on the U.S. Supreme Court during his administration.[48]
    • May 18, 2016: Donald Trump released a list of eleven individuals that he said he would consider as a potential successor to Justice Scalia on the Supreme Court.[49]
    • February 13, 2016: Justice Antonin Scalia was found dead at a ranch in Texas, according to the San Antonio Express-News.[51]

    The announcement


    Major players in Gorsuch's nomination

    Donald Trump by Gage Skidmore.jpg
    President Trump
    		 The authority for Presidential nominations is located in the Appointments Clause of Article II, Section 2, which reads as follows:
    “

    and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law... [3]

    		”
    [52]
    Mitch McConnell.jpg
    Senator McConnell
    		 As majority leader of the U.S. Senate, McConnell (R-Ky.) authorized any actions on the Senate floor.
    Chuck Grassley.jpg
    Senator Grassley
    		 As chair of the Senate Judiciary Committee, Senator Chuck Grassley (R-Iowa) conducted the process of reviewing and reporting on the nomination.
    NeilGorsuch.gif
    Judge Gorsuch
    		 As the nominee, Judge Gorsuch met with U.S. senators and testified before the Senate Judiciary Committee in the course of his confirmation process.


    See also

    Footnotes

    1. ↑ The New York Times, "Justice Antonin Scalia, Who Led a Conservative Renaissance on the Supreme Court, Is Dead at 79," February 13, 2016
    2. ↑ The White House, "President Donald J. Trump nominates Neil Gorsuch to the United States Supreme Court," January 31, 2017
    3. ↑ 3.0 3.1 3.2 3.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    4. ↑ Politico, "Gorsuch confirmation hearing set for March 20," February 16, 2017
    5. ↑ United States Senate, "115th Congress - 1st session - Vote #110 - PN 55," April 7, 2017
    6. ↑ CBS News, "Neil Gorsuch confirmation vote: Colorado senator won't try to block," April 3, 2017
    7. ↑ U.S. Senate, "115th Congress, 1st Session, Vote #104," April 4, 2017
    8. ↑ Washington Examiner, "Democratic Sen. Joe Donnelly announces support for Gorsuch," April 2, 2017
    9. ↑ CNN, "Here's how senators plan to vote on Supreme Court nominee Neil Gorsuch," updated March 30, 2017
    10. ↑ The Washington Post, "Schumer: Democrats will filibuster Gorsuch's nomination," March 23, 2017
    11. ↑ American Bar Association, "Ratings of Article III and Article IV judicial nominees," March 9, 2017
    12. ↑ Politico, "Politico Huddle," February 27, 2017
    13. ↑ Politico, "Politico Huddle," February 15, 2017
    14. ↑ Politico, "Politico Huddle," February 14, 2017
    15. ↑ Politico, "Politico Huddle," February 13, 2017
    16. ↑ Politico, "Politico Huddle," February 10, 2017
    17. ↑ 17.0 17.1 17.2 17.3 Politico, "Gorsuch to barnstorm the Senate this week," February 6, 2017
    18. ↑ Las Vegas Review-Journal, "Nevada’s Sen. Heller has cordial meeting with Supreme Court nominee Gorsuch," February 9, 2017
    19. ↑ CBS News, "Neil Gorsuch says Trump's attacks on judges are disheartening," February 8, 2017
    20. ↑ Twitter, "Donald J. Trump," February 9, 2017
    21. ↑ Politico, "Politico Playbook," February 7, 2017
    22. ↑ Politico, "Neil Gorsuch needs 60 votes," February 7, 2017
    23. ↑ Politico, "Give Neil Gorsuch an Up-Or-Down Vote," February 6, 2017
    24. ↑ ABC News, "Supreme Court pick meets with Dems as GOP applies pressure," February 6, 2017
    25. ↑ The Seattle Times, "Judge in Seattle halts Trump’s immigration order nationwide; White House vows fight," February 4, 2017
    26. ↑ Facebook, "Senator Chuck Schumer," February 4, 2017
    27. ↑ YouTube, "Senator Ed Markey delivers weekly Democratic address," February 3, 2017
    28. ↑ YouTube, "Weekly address," February 3, 2017
    29. ↑ Roll Call, "Grassley outlines timeline for confirming Trump's SCOTUS nominee," February 3, 2017
    30. ↑ Politico, "GOP, Dems at war over Gorsuch meetings," February 2, 2017
    31. ↑ The Chattanoogan, "Alexander meets with Supreme Court nominee Judge Neil Gorsuch," February 2, 2017
    32. ↑ Politico, "These Democrats will decide Gorsuch’s fate," February 2, 2017
    33. ↑ The Washington Post, "As Supreme Court nominee meets with senators, Trump ramps up pressure for swift confirmation," February 1, 2017
    34. ↑ The Washington Post, "Ayotte to lead White House team shepherding Supreme Court nominee," January 31, 2017
    35. ↑ Politico, "Senate Dems will filibuster Trump’s Supreme Court nominee," January 30, 2017
    36. ↑ CNN, "Donald Trump Supreme Court choice announcement coming Tuesday 8 p.m.," accessed January 30, 2017
    37. ↑ The Atlantic, "Trump moves closer to announcing Supreme Court nominee," January 25, 2017
    38. ↑ Politico, "Trump down to 3 in Supreme Court search," January 24, 2017
    39. ↑ NBC News, "In Inaugural address, Trump pledges to keep 'America First,'" January 20, 2017
    40. ↑ CNN, "Trump on Supreme Court pick: 'I think in my mind I know who it is'," January 19, 2017
    41. ↑ Politico, "Trump pledges to name Supreme Court nominee within two weeks of inauguration," January 11, 2017
    42. ↑ Law.com, "Supreme Court nomination coming soon, Trump says," January 11, 2017
    43. ↑ NBC News, "Merrick Garland Now Holds the Record for Longest Supreme Court Wait," July 20, 2016
    44. ↑ U.S. News and World Report, "Donald Trump seals presidency with Electoral College win," December 19, 2016
    45. ↑ Fox News, "Trump talks transition process, keeping campaign promises; Pence: Trump will not rest until we get this economy moving," December 1, 2016
    46. ↑ Fox News, "Trump's First 100 Days: His Supreme Court choice could have a lifetime impact," December 6, 2016
    47. ↑ The New York Times, "Donald Trump is elected president in stunning repudiation of the establishment," November 9, 2016
    48. ↑ Donald J. Trump for President, "Donald J. Trump finalizes list of potential Supreme Court justice picks," September 23, 2016
    49. ↑ Donald J. Trump for President, "Donald J. Trump releases list of potential United States Supreme Court justices," May 18, 2016
    50. ↑ The White House, "Nomination sent to the Senate," March 16, 2016
    51. ↑ San Antonio-Express News, "Senior U.S. Supreme Court Associate Justice Antonin Scalia found dead at West Texas ranch," accessed February 13, 2016
    52. ↑ National Archives and Records Administration, "Constitution of the United States," accessed February 18, 2016
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