HR1022 99TH GENERAL ASSEMBLY

HR1022 LRB099 20652 MST 45257 r

HOUSE RESOLUTION

WHEREAS, Article III, Section I of the United States Constitution vests judicial authority "in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish"; and

WHEREAS, The United States Congress passed the Judiciary Act of 1789, fixing the number of Supreme Court justices at 6; and

WHEREAS, In an effort to avoid an evenly divided Court, the Judiciary Act of 1869 increased membership on the Court to one Chief Justice, and 8 Associate Justices; that number has remained unchanged; and

WHEREAS, Antonin Scalia became an Associate Justice on the Supreme Court after being nominated by President Ronald Reagan in 1986; Justice Scalia was confirmed by the United States Senate 98-0; he was sworn in on September 26, 1986; and

WHEREAS, The death of Justice Scalia has effectively placed the Court in ideological gridlock with respect to liberal and conservative interpretations of the Constitution; and

WHEREAS, The Court now consists of 4 members appointed by Republican presidents: Chief Justice John Roberts, Justice Anthony Kennedy, Justice Clarence Thomas, and Justice Samuel Alito; and 4 members appointed by Democratic presidents: Justice Ruth Bader Ginsburg, Justice Stephen Breyer, Justice Sonia Sotomayor, and Justice Elena Kagan; and

WHEREAS, A Supreme Court term begins on the first Monday in October, and continues until late June or early July of the following year; the final day of the 2016 term will be June 26, 2016; the Court continues to hear oral arguments until April 26, 2016; and

WHEREAS, There are currently 74 cases on the Court docket; with the absence of Justice Scalia, many of those cases could be decided 4-4; in that event, the decisions of the lower courts will stand; and

WHEREAS, In its current term, the Court will hear cases on a variety of issues affecting millions of Americans, such as affirmative action, immigration, reproductive rights, redistricting, and labor practices; and

WHEREAS, Pursuant to Article II, Section I of the Constitution, Barack Obama was elected President of the United States in 2008, and again in 2012; his presidency will end on January 20, 2017; and

WHEREAS, Article II, Section II of the Constitution provides that the President "shall nominate" judges of the Supreme Court with the "Advice and Consent of the Senate"; and

WHEREAS, The Democratic and Republican Presidential nominating conventions will take place in July of 2016; the Presidential election will take place on November 8, 2016; a new President will not be inaugurated until January 20, 2017, at which time that President will have the power to nominate judges; however, until that time, the power to nominate remains with President Barack Obama; and

WHEREAS, In 1916, Justice Louis Brandeis was confirmed as the 67th Associate Justice of the Supreme Court after 4 months of scrutiny, representing the longest confirmation process in American history; during which time, the Senate Judiciary Committee held the first public hearings on the nomination of a justice; he was sworn in on June 6, 1916, a presidential election year; and

WHEREAS, Justice Anthony Kennedy is the most senior member of the Court today; he was nominated by President Ronald Reagan on November 30, 1987; he was confirmed unanimously by a Senate controlled by Democrats on February 3, 1988 and was sworn in on February 18, 1988, during the last year of Reagan's presidency; and

WHEREAS, Additional Supreme Court justices nominated and confirmed during the final year of a presidency include: Oliver Ellsworth, Samuel Chase, William Johnson, Philip Barbour, Roger Taney, Melville Fuller, Lucius Lamar, George Shiras, Mahlon Pitney, John Clarke, Benjamin Cardozo, and Frank Murphy; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge President Barack Obama to select and nominate a candidate to be an Associate Justice for the U.S. Supreme Court in a timely manner and that the nominee both liberalize and truly diversify the Court; and be it further

RESOLVED, That we urge the Judiciary Committee of the United States Senate to promptly schedule confirmation hearings for the President's nominee followed by a recorded vote recommending confirmation; and be it further

RESOLVED, That we urge the full Senate to vote to confirm such nomination; and be it further

RESOLVED, That suitable copies of this resolution be delivered to President of the United States, Barack Obama; Chairman of the Senate Judiciary Committee, Chuck Grassley; Vice-President, Joe Biden; Chief Justice of the Supreme Court, John Roberts; and Senators Dick Durbin and Mark Kirk of Illinois.