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Brown Calls on Senators to Consider Obama Judicial Appointment


March 30, 2016 - 12:01 PM


DAYTON – Today in Dayton, U.S. Sen. Sherrod Brown (D-OH) called on his Senate colleagues to do their jobs and consider Chief Judge Merrick Garland, President Obama’s nominee to the U.S. Supreme Court. Brown was joined by Mayor Nan Whaley and Staci Rucker, Assistant Dean at University of Dayton School of Law.

“Hardworking men and women across Ohio go to work every day and do their jobs. They expect their Senators to do the same – and that means giving fair consideration to President Obama’s Supreme Court nominee, Chief Judge Merrick Garland,” said Brown. “The people elected Barack Obama President twice - and just like every other president in our history, the people elected him to a full four year term, not three. They also elected 100 senators and sent us to Washington to do our jobs. It’s time for us to get to work.”

During a news conference at the Old Montgomery County Courthouse, Brown outlined the qualifications of Garland – chief judge of the United States Court of Appeals for the District of Columbia – and urged his colleagues to hold a hearing and a vote on his nomination.

Chief Judge Garland is one of the most respected appellate judges in the country and has more federal judicial experience than any other Supreme Court nominee in history. He was confirmed to the DC Circuit by an overwhelmingly bipartisan vote in 1997 and he has earned bipartisan praise throughout his career. Seven current Republican senators voted for him.  

Despite recent objections from Senate Republicans, over the last 100 years the full Senate has taken action on every single Supreme Court candidate nominated in an election year. Most recently, Justice Anthony Kennedy was confirmed by a vote of 97-0 by a Democratic Senate in the final year of President Reagan’s second term.

Additional background:

  • The longest nomination start to finish was Justice Brandeis at 125 days‎. President Obama has over 300 days left in his term. 
  • Since 1975, the average number of days from nomination to final Senate confirmation vote is 67 days.
  • Not since the Civil War, has the Senate taken more than a year to fill a Supreme Court vacancy.
  • A pending Supreme Court nominee has never been denied a hearing in the history of this country – the only exceptions are the nominees who were confirmed without one
  • Since the 1980s, every person appointed to the Court has been given a prompt hearing and vote within 100 days.
  • Justice Kagan – 88 days (confirmed 8/5/2010)
  • Justice Sotomayor – 67 days (confirmed 8/6/2009)
  • Justice Alito – 83 days (confirmed 1/31/2006)
  • Chief Justice Roberts – 63 days (from time nominated to be Associate Justice, confirmed 9/6/2005)
  • Justice Breyer – 74 days (confirmed 7/29/1994)
  • Justice Ginsburg – 51 days (confirmed 8/3/1993)
  • Justice Thomas – 99 days (confirmed 10/15/1991)
  • Justice Souter – 69 days (confirmed 10/2/1990)
  • Justice Kennedy – 65 days (confirmed 2/3/1988)
  • Justice Scalia – 85 days (confirmed on 9/17/1986)
  • Chief Justice Rehnquist – 89 days (confirmed as Chief Justice on 9/17/1986)
  • Justice O’Connor – 33 days (confirmed 9/21/1981)
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