President Obama is vetting nominees for the vacancy on the U.S. Supreme Court, and the Republican Senate says it will not consider any nominee the president sends to the Senate.
Law professors across the nation have signed a letter calling for the Republican senators to "perform their constitutional duty."
The letter (below) is signed by 12 professors from the University of Wisconsin Law School and Marquette University Law School.
The petition was organized by the Alliance for Justice (AFJ). The AFJ's press release and letter to Senate leaders is reproduced below.
Washington, D.C.— In response to Republican promises to refuse to consider any Supreme Court nominee this year, 356 law professors and legal scholars have written a letter to the Senate leadership of both parties urging them “to fulfill your constitutional duty to give President Obama’s Supreme Court nominee a prompt and fair hearing and a timely vote.”
The professors, including some of the top constitutional experts in the country, such as Charles Ogletree, Kenji Yoshino, and Laurence Tribe, counter arguments made by Republican senators that the Senate has no obligation to consider the president’s nominee in an election year. The professors declare that,
“This preemptive abdication of duty is contrary to the process the framers envisioned in Article II, and threatens to diminish the integrity of our democratic institutions and the functioning of our constitutional government.
President Obama was elected to a four-year term in 2012. According to the Constitution, that term has more than 300 days remaining. There is no exception to the Constitution holding that the president lacks the authority or duty to appoint justices to the Supreme Court because he is in the last year of his presidency. In fact, six justices have been confirmed in presidential-election years since 1900, including Louis Brandeis, Benjamin Cardozo, and Republican-appointee Anthony Kennedy, who was confirmed by a Democratically-controlled Senate during President Ronald Reagan’s last year in office.”
The scholars also share the concern of many legal observers who fear the consequences of a deeply divided and incomplete Court during a period of significant constitutional uncertainty. They conclude by declaring that, “The Senate must not defeat the intention of the Framers by failing to perform its constitutional duty. The Senate Judiciary Committee should hold a prompt and fair hearing and the full Senate should hold a timely vote on the president’s nominee.”
The letter is reproduced directly below:
Hon. Mitch McConnell Hon. Charles Grassley
U.S. Senate Majority Leader Chair, U.S. Senate Committee on the Judiciary
317 Russell Senate Office Building 135 Hart Senate Office Building
Washington, DC 20510 Washington, DC 20510
Hon. Harry Reid Hon. Patrick Leahy
U.S. Senate Minority Leader Ranking Member, Committee on the Judiciary
522 Hart Senate Office Building 437 Russell Senate Office Building
Washington, DC 20510 Washington, DC 20510
Dear Majority Leader McConnell, Judiciary Committee Chairman Charles Grassley, Minority Leader Harry Reid, and Judiciary Committee Ranking Member Patrick Leahy:
As scholars deeply committed to the fair administration of justice, upholding the rule of law, and educating future generations of the legal profession, the undersigned professors of law urge you to fulfill your constitutional duty to give President Barack Obama’s Supreme Court nominee a prompt and fair hearing and a timely vote.
The Senate’s obligation in this circumstance is clear. Under Article II of the Constitution, the president
“shall appoint . . . judges to the Supreme Court,” and the Senate’s role is to provide “advice and consent.”
Yet before the president has even made a nomination to fill the current vacancy, a number of senators have announced that they will not perform their constitutional duty. Instead, they plan to withhold advice and consent until the next president is sworn in nearly a year from now. This preemptive abdication of duty is contrary to the process the framers envisioned in Article II, and threatens to diminish the integrity of our democratic institutions and the functioning of our constitutional government.
President Obama was elected to a four-year term in 2012. According to the Constitution, that term has more than 300 days remaining. There is no exception to the Constitution holding that the president lacks the authority or duty to appoint justices to the Supreme Court because he is in the last year of his presidency. In fact, six justices have been confirmed in presidential-election years since 1900, including Louis Brandeis, Benjamin Cardozo, and Republican-appointee Anthony Kennedy, who was confirmed by a Democratically-controlled Senate during President Ronald Reagan’s last year in office.
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. Typically, the Supreme Court resolves disagreement among the lower courts to establish national uniformity on important legal issues. But the Court fails in this essential function when eight sitting justices divide evenly 4-4, leaving the matter undecided or forcing reconsideration of it when the Court returns to full strength. If the Senate refuses to consider President Obama’s nominee, the potential for deadlock on major constitutional and statutory issues will persist for at least the better part of two terms.
The Senate must not defeat the intention of the Framers by failing to perform its constitutional duty. The Senate Judiciary Committee should hold a prompt and fair hearing and the full Senate should hold a timely vote on the president’s nominee.
Sincerely
1
The Undersigned
Cc: Members of the United States Senate
1
Organizational affiliation for all signatories is included for identification purposes only; individuals represent only
themselves, not the institutions where they are teaching or
other organizations in which they are active.
William Andreen University of Alabama School of Law
Norman J. Singer University of Alabama School of Law
Tiffany Murphy University of Arkansas School of Law
Cyndi Nance University of Arkansas School of Law
Susan Schneider University of Arkansas School of Law
Paul Bender Arizona State University, Sandra Day O'Connor College of Law
Myles Lynk Arizona State University, Sandra Day O'Connor College of Law
Michal Belknap California Western School of Law
Jessica Fink California Western School of Law
Glenn C. Smith California Western School of Law
Jan Stiglitz California Western School of Law
Marisa Cianciarulo Chapman University School of Law
Theodore Seto Loyola Law School, Los Angeles
Barbara Babcock Stanford Law School
Mark G. Kelman Stanford Law School
Deborah Rhode Stanford Law School
Marjorie Cohn Thomas Jefferson School of Law
Julie Greenberg Thomas Jefferson School of Law
Richard Winchester Thomas Jefferson School of Law
Herma Kay UC Berkeley School of Law
Rose Cuison Villazor UC Davis School of Law
Richard Frank UC Davis School of Law
Lesley McAllister UC Davis School of Law
Leticia Saucedo UC Davis School of Law
Carol Izumi UC Hastings College of the Law
Alejandro Camacho UC Irvine School of Law
Erwin Chemerinsky UC Irvine School of Law
Catherine Fisk UC Irvine School of Law
Carrie Menkel-Meadow UC Irvine School of Law
Richard Abel UCLA School of Law
Luz Herrera UCLA School of Law
Christine Littleton UCLA School of Law
Joanna Schwartz UCLA School of Law
Christina Chong University of San Francisco School of Law
Tim Iglesias University of San Francisco School of Law
Richard Sakai University of San Francisco School of Law
Carol Wilson University of San Francisco School of Law
Rebecca Brown University of Southern California Gould School of Law
Ariela J. Gross University of Southern California Gould School of Law
Gregory C. Keating University of Southern California Gould School of Law
Raquel Aldana University of the Pacific, McGeorge School of Law
Michael S. Mireles University of the Pacific, McGeorge School of Law
John Cary Sims University of the Pacific, McGeorge School of Law
Neil Cogan Whittier Law School
KK DuVivier University of Denver Sturm College of Law
Loftus Becker University of Connecticut School of Law
Sara Bronin University of Connecticut School of Law
Timothy Everett University of Connecticut School of Law
Stephen Wizner Yale Law School
Nancy Abramowitz American University Washington College of Law
Wil Burns American University Washington College of Law
Brandon Butler American University Washington College of Law
Michael Carroll American University Washington College of Law
Angela Davis American University Washington College of Law
Christine Farley American University Washington College of Law
Sean Flynn American University Washington College of Law
John Heywood American University Washington College of Law
David Hunter American University Washington College of Law
Deena Hurwitz American University Washington College of Law
Peter Jaszi American University Washington College of Law
Elizabeth Keith American University Washington College of Law
Elliott Milstein American University Washington College of Law
Jennifer Mueller American University Washington College of Law
Victoria Phillips American University Washington College of Law
Jamie Raskin American University Washington College of Law
Ira P. Robbins American University Washington College of Law
Herman Schwartz American University Washington College of Law
William Snape, III American University Washington College of Law
William Yeomans American University Washington College of Law
Hope Babcock Georgetown University Law Center
Peter Edelman Georgetown University Law Center
Susan Ross Georgetown University Law Center
Phyllis Goldfarb The George Washington University Law School
Cynthia Lee The George Washington University Law School
Susan Goldberg Widener University School of Law
David Hodas Widener University School of Law
Serena Williams Widener University School of Law
Rachel Deming Barry University Dwayne O. Andreas School of Law
Markita D. Cooper Florida A and M University College of Law
William D. Henslee Florida A and M University College of Law
Nise Nekheba Florida A and M University College of Law
Kalyani Robbins Florida International University College of Law
Kathy Cerminara Nova Southeastern University Law Center
Olympia Duhart Nova Southeastern University Law Center
Michael Flynn Nova Southeastern University Law Center
Joseph D. Harbaugh Nova Southeastern University Law Center
Joel Mintz Nova Southeastern University Law Center
Stuart Freeman Stetson University College of Law
Rebecca Trammell Stetson University College of Law
Mary Jane Angelo University of Florida, Levin College of Law
George Dawson University of Florida, Levin College of Law
Christine Klein University of Florida, Levin College of Law
David Abraham University of Miami School of Law
Elizabeth Iglesias University of Miami School of Law
Helen de Haven Atlanta's John Marshall Law School
Martha Albertson Fineman Emory University School of Law
Johan van der Vyver Emory University School of Law
Ellen Taylor Georgia State University College of Law
Suzianne Painter-Thorne Mercer University School of Law
David T. Ritchie Mercer University School of Law
Scott Titshaw Mercer University School of Law
Ronald Brown:
- The University of Hawaii at Manoa William S. Richardson School of Law
Virginia E Hench:
- The University of Hawaii at Manoa William S.Richardson School of Law
Charles Lawrence:
- The University of Hawaii at Manoa William S. Richardson School of Law
Mari Matsuda:
- The University of Hawaii at Manoa William S. Richardson School of Law
Andrea Charlow Drake University Law School
Matthew Dore Drake University Law School
Mark Kende Drake University Law School
David McCord Drake University Law School
Nancy Hauserman University of Iowa College of Law
Linda Kerber University of Iowa College of Law
James Macdonald University of Idaho College of Law
Joan Steinman Chicago-Kent College of Law
Leonard Cavise DePaul University College of Law
Sumi Cho DePaul University College of Law
Ted Donner Loyola University Chicago School of Law
Allen Shoenberger Loyola University Chicago School of Law
Marc Falkoff Northern Illinois University College of Law
Nancy C. Loeb Northwestern University School of Law
Sylvia Neil Northwestern University School of Law
Christopher T. Sheean Northwestern University School of Law
Cliff Zimmerman Northwestern University School of Law
Patricia McCubbin Southern Illinois University School of Law
Michael G. Heyman The John Marshall Law School
Anthony Niedwiecki The John Marshall Law School
Albert Alschuler University of Chicago Law School
Jennifer Drobac Indiana University Maurer School of Law
Carwina Weng Indiana University Maurer School of Law
Florence Roisman Indiana University School of Law-Indianapolis
Joseph Bauer Notre Dame Law School
Rosalie Levinson Valparaiso University School of Law
Joyce Mccray Pearson Kansas University School of Law
William Westerbeke Kansas University School of Law
Sharlene Boltz Northern Kentucky University Salmon P. Chase College of Law
Judith Fischer University of Louisville, Louis D. Brandeis School of Law
Ariana Levison University of Louisville, Louis D. Brandeis School of Law
Cedric Powell University of Louisville, Louis D. Brandeis School of Law
Enid Trucios-Haynes University of Louisville, Louis D. Brandeis School of Law
Lucy S. McGough Louisiana State University Law Center
M Isabel Medina Loyola University New Orleans College of Law
Paul Barron Tulane University Law School
Mark Brodin Boston College Law School
Zygmunt Plater Boston College Law School
Ed Richards Boston College Law School
James Fleming Boston University School of Law
Linda McClain Boston University School of Law
Elizabeth Bartholet Harvard Law School
Harris Freeman Harvard Law School
Daniel Halperin Harvard Law School
Charles J. Ogletree Harvard Law School
Richard Reibstein Harvard Law School
Laurence H. Tribe Harvard Law School
Lucie White Harvard Law School
Libby Adler Northeastern University School of Law
Kathleen Engel Suffolk University Law School
Christopher Gibson Suffolk University Law School
Ilene Seidman Suffolk University Law School
David Yamada Suffolk University Law School
Andrew Leong University of Massachusetts School of Law
Matthew Charity Western New England University School of Law
Margaret E. Johnson University of Baltimore School of Law
Douglas L. Colbert University of Maryland School of Law
Marley Weiss University of Maryland School of Law
Peter Pitegoff University of Maine School of Law
Sarah Schindler University of Maine School of Law
Hannah Brenner Michigan State University College of Law
Melanie Jacobs Michigan State University College of Law
Jacqueline Hand University of Detroit Mercy School of Law
Alicia Alvarez University of Michigan Law School
Robert Hirshon University of Michigan Law School
Theodore J. St. Antoine University of Michigan Law School
David M. Uhlmann University of Michigan Law School
Christine Ver Ploeg Mitchell Hamline School of Law
Beverly Balos University of Minnesota Law School
Mary Fellows University of Minnesota Law School
Ed Butterfoss William Mitchell College of Law
Sarah Deer William Mitchell College of Law
Marie Failinger William Mitchell College of Law
Jada Fehn William Mitchell College of Law
Derik Fettig William Mitchell College of Law
Jim Hilbert William Mitchell College of Law
Raleigh Levine William Mitchell College of Law
Denise Roy William Mitchell College of Law
Anthony Winer William Mitchell College of Law
Jasmine Abdel-khalik University of Missouri–Kansas City School of Law
Stanley Foreman University of Missouri–Kansas City School of Law
Nancy Levit University of Missouri–Kansas City School of Law
Norman Plate University of Missouri–Kansas City School of Law
Irma Russell University of Missouri–Kansas City School of Law
Daniel Weddle University of Missouri–Kansas City School of Law
Barbara Wilson University of Missouri–Kansas City School of Law
Jon Baris Washington University in St. Louis School of Law
Kelly Dineen Washington University in St. Louis School of Law
Robert Gatter Washington University in St. Louis School of Law
William Johnson Washington University in St. Louis School of Law
Peter Joy Washington University in St. Louis School of Law
Daniel Mandelker Washington University in St. Louis School of Law
Elizabeth Pendo Washington University in St. Louis School of Law
Karen Tokarz Washington University in St. Louis School of Law
Sidney Watson Washington University in St. Louis School of Law
Judith Johnson Mississippi College School of Law
John Bradley University of Mississippi School of Law
Bari Burke University of Montana School of Law
Katharine Bartlett Duke Law School
Eric Fink Duke Law School
Michelle Nowlin Duke Law School
Jane Wettach Duke Law School
Maxine Eichner University of North Carolina School of Law
Deborah M. Weissman University of North Carolina School of Law
Margaret Taylor Wake Forest University School of Law
James Grijalva University of North Dakota School of Law
Christine Venter University of North Dakota School of Law
Susan Apel University of New Hampshire School of Law
John Greabe University of New Hampshire School of Law
Lucy Hodder University of New Hampshire School of Law
Ann Freedman Rutgers School of Law–Camden
Phillip Harvey Rutgers School of Law–Newark
Alan Hyde Rutgers School of Law–Newark
David Troutt Rutgers School of Law–Newark
Sanford Gaines University of New Mexico School of Law
Margaret Montoya University of New Mexico School of Law
Mary Berkheiser William S. Boyd School of Law, University of Nevada, Las Vegas
Sara Gordon William S. Boyd School of Law, University of Nevada, Las Vegas
Ann McGinley William S. Boyd School of Law, University of Nevada, Las Vegas
Garcia Ruben William S. Boyd School of Law, University of Nevada, Las Vegas
Keith Hitokawa Albany Law School
Nancy Ota Albany Law School
David Rudenstine Benjamin N. Cardozo School of Law
Ellen Yaroshefsky Benjamin N. Cardozo School of Law
Elizabeth Schneider Brooklyn Law School
Beryl Blaustone City University of New York School of Law
Rebecca Bratspies City University of New York School of Law
Susan Bryant City University of New York School of Law
Frank Deale City University of New York School of Law
Pamela Edwards City University of New York School of Law
Raquel Gabriel City University of New York School of Law
Julie Goldscheid City University of New York School of Law
Natalie Gomez-Velez City University of New York School of Law
Victor Goode City University of New York School of Law
K. Babe Howell City University of New York School of Law
Stephen Loffredo City University of New York School of Law
Andrea McArdle City University of New York School of Law
Sherry Ramsey City University of New York School of Law
Allie Robbins City University of New York School of Law
Franklin Siegel City University of New York School of Law
Nicole Smith City University of New York School of Law
Steven Zeidman City University of New York School of Law
Stephen Zorn City University of New York School of Law
Michael W. Doyle Columbia Law School
Subha Narasimhan Columbia Law School
Cynthia Bowman Cornell University Law School
Angela Cornell Cornell University Law School
Robert A. Hillman Cornell University Law School
Mitchell Lassar Cornell University Law School
Beth Lyon Cornell University Law School
Martin Flaherty Fordham University School of Law
Rachel Vorspan Fordham University School of Law
Hillary Exter Fordham University School of Law
Jennifer Gordon Fordham University School of Law
Susan H. Joffe Hofstra University Law School
Arthur Leonard New York University School of Law
Carlin Meyer New York University School of Law
Edward Purcell, jr. New York University School of Law
Kenji Yoshino New York University School of Law
Margot Pollans Pace Law School
Ann Powers Pace Law School
David Driesen Syracuse University College of Law
Paula Johnson Syracuse University College of Law
Robert Rabin Syracuse University College of Law
Eileen Kaufman Touro Law Center, NY Law School
Richard Klein Touro Law Center, NY Law School
Lucinda Finley University at Buffalo Law School
Martha T. McCluskey University at Buffalo Law School
Susan Looper-Friedman Capital University Law School
Roberta Mitchell Capital University Law School
Juscelino Colares Case Western Reserve University
Robert Strassfeld Case Western Reserve University
April Cherry Cleveland State University Cleveland-Marshall College of Law
Dena Davis Cleveland State University Cleveland-Marshall College of Law
James Lawrence The Ohio State University Moritz College of Law
Joseph Stulberg The Ohio State University Moritz College of Law
Dana Cole University of Akron School of Law
Howard Friedman University of Akron School of Law
Brant Lee University of Akron School of Law
Joseph Slater University of Akron School of Law
Verna Williams University of Cincinnati College of Law
Shannon Roesler Oklahoma City University School of Law
Marla Mansfield University of Tulsa College of Law
Paula Abrams Lewis and Clark Law School
Michael C. Blumm Lewis and Clark Law School
Kathy Hessler Lewis and Clark Law School
Ofer Raban University of Oregon School of Law
Dominick Vetri University of Oregon School of Law
Gilbert Paul Carrasco Willamette University College of Law
Tabatha Abu El-Haj Drexel University Thomas R. Kline School of Law
Anil Kalhan Drexel University Thomas R. Kline School of Law
Rona Kitchen Duquesne University School of Law
Victor Romero Pennsylvania State University
Craig Green Temple University Beasley School of Law
Nancy Knauer Temple University Beasley School of Law
Robert J. Reinstein Temple University Beasley School of Law
David Sonenshein Temple University Beasley School of Law
Howard F. Chang University of Pennsylvania Law School
Robert N. Gorman University of Pennsylvania Law School
Sarah Paoletti University of Pennsylvania Law School
Michael J. Yelnosky Roger Williams University School of Law
Daniel Kiel University of Memphis Cecil C. Humphreys School of Law
Fran Ansley University of Tennessee College of Law
Ellen Wright Clayton Vanderbilt University Law School
Terry Maroney Vanderbilt University Law School
Patricia Wilson Baylor University Law School
Mark E. Steiner South Texas College of Law
John S. Lowe Southern Methodist University Dedman School of Law
Jenia Turner Southern Methodist University Dedman School of Law
John Teeter St. Mary's School of Law
Michael Green Texas A and M University School of Law
Jensie L. Anderson University of Utah S.J. Quinney College of Law
Alan Clarke University of Utah S.J. Quinney College of Law
Jorge Contreras University of Utah S.J. Quinney College of Law
Laura Kessler University of Utah S.J. Quinney College of Law
Clifford J. Rosky University of Utah S.J. Quinney College of Law
John Ruple University of Utah S.J. Quinney College of Law
Linda Smith University of Utah S.J. Quinney College of Law
Debora Threedy University of Utah S.J. Quinney College of Law
Ann C. Hodges University of Richmond School of Law
Darryl Brown University of Virginia School of Law
Jonathan Cannon University of Virginia School of Law
Stanley Henderson University of Virginia School of Law
Corinna Lain University of Virginia School of Law
Mildred Wigfall Robinson University of Virginia School of Law
J.H. (Rip) Verkerke University of Virginia School of Law
Thomas R. White, 3rd University of Virginia School of Law
Liz Ryan Cole Vermont Law School
Stephanie Farrior Vermont Law School
Jessica Scott Vermont Law School
Joan Vogel Vermont Law School
Mary Pat Treuthart Gonzaga University School of Law
Steven Bender Seattle University School of Law
Carmen Gonzalez Seattle University School of Law
Henry W. McGee, Jr. Seattle University School of Law
Madeline Kass Thomas Jefferson School of Law
Robert H. Aronson University of Washington School of Law
Susan Bay Marquette University Law School
Ed Fallone Marquette University Law School
Jay Gold Marquette University Law School
Harvey Kurtz Marquette University Law School
Lisa Mazzie Marquette University Law School
Richard Reider Marquette University Law School
Paul Secunda Marquette University Law School
Craig Fieschko University of Wisconsin Law School
Ted Finman University of Wisconsin Law School
Margaret Maroney University of Wisconsin Law School
Thomas Mitchell University of Wisconsin Law School
Alan Jay Weisbard University of Wisconsin Law School
David Janes West Virginia University College of Law
Michael Duff University of Wyoming College of Law
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