Supreme Court Vacancies: Frequently Asked Questions (CRS Report for Congress)
| Release Date |
March 31, 2016 |
| Report Number |
R44440 |
| Report Type |
Report |
| Authors |
Herman, Sarah S. |
| Source Agency |
Congressional Research Service |
Summary:
The unexpected death of Supreme Court Justice Antonin Scalia on February 13, 2016âin the middle of the Supreme Court's October 2015 termâhas prompted questions about the process for filling the vacancy and how the Court will proceed in hearing cases and issuing opinions. These questions pertain to the constitutional role of the President and Senate in filling Supreme Court vacancies, whether and when the President and the Senate must act, and how the Supreme Court may proceed in hearing cases and issuing opinions with a vacant seat. This report provides answers to frequently asked legal questions about filling Supreme Court vacancies.
Additionally, other CRS products address other procedural and historical issues surrounding Supreme Court vacancies. See CRS Report R44400, The Death of Justice Scalia: Procedural Issues Arising on an Eight-Member Supreme Court, by Andrew Nolan; CRS Report R44235, Supreme Court Appointment Process: President's Selection of a Nominee, by Barry J. McMillion; CRS Report R44236, Supreme Court Appointment Process: Consideration by the Senate Judiciary Committee, by Barry J. McMillion; CRS Report R44234, Supreme Court Appointment Process: Senate Debate and Confirmation Vote, by Barry J. McMillion; CRS Report R44083, Appointment and Confirmation of Executive Branch Leadership: An Overview, by Henry B. Hogue and Maeve P. Carey; and CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by Elizabeth Rybicki.
