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In October 1956, shortly after the opening of the Court’s new term, President Dwight D. Since World War II, the only two Supreme Court appointments that had occurred during a presidential election cycle illustrated the fraught nature of such matters. But this does not mean that the confirmation process used to be genteel or straightforward. Frank, Supreme Court Justice Appointments : II, 1941 Wis. Garfield quickly renominated Matthews, and the Senate narrowly confirmed his appointment. The Senate did not vote on the nomination of Stanley Matthews before Hayes left office, but incoming President James A. A less extreme situation arose in early 1881, during the final weeks of President Rutherford B. That is the last time the Senate completely stonewalled a Supreme Court nomination. Frank, The Appointment of Supreme Court Justices: Prestige, Principles and Politics, 1941 Wis. Supreme Court Appointments from Washington to Bush II, at 99, 108–09 (5th ed. Abraham, Justices, Presidents, and Senators: A History of the U.S. 3 In 1866, the Senate took no action on President Andrew Johnson’s nomination of Attorney General Henry Stanbery to succeed Justice John Catron, and then voted to eliminate the seat that Catron had occupied so that Johnson could not fill the position. The refusal to act on Judge Garland’s nomination marked the first time in 150 years that the Senate had completely stonewalled a Supreme Court nominee. Gerhardt, Practice Makes Precedent, 131 Harv. Stephen Clark, President-Shopping for a New Scalia: The Illegitimacy of “McConnell Majorities” in Supreme Court Decision-Making, 80 Alb.

15 (2016) Josh Chafetz, Unprecedented? Judicial Confirmation Battles and the Search for a Usable Past, 131 Harv. Adler, The Senate Has No Constitutional Obligation to Consider Nominees, 24 Geo. 2 On the scholarly debate, see Jonathan H. Court of Appeals for the Tenth Circuit, to Scalia’s seat. This inaction provoked widespread debate, but the vacancy remained open for new President Donald J. Court of Appeals for the District of Columbia Circuit as Justice Scalia’s successor. True to their word, the GOP-controlled Senate refused to take any action on Obama’s nomination of Chief Judge Merrick B. 13, 2016), ‌1R281yj Mark Landler & Peter Baker, Battle Begins over Naming next Justice, N.Y. Because 2016 was a presidential election year, Majority Leader Mitch McConnell declared within hours of Scalia’s passing: “The American people should have a voice in the selection of their next Supreme Court Justice.” 1 Juliet Eilperin & Paul Kane, Obama Says He’ll Nominate a Replacement for Scalia, Wash. Senate immediately made clear that they would not consider any nominee proposed by President Barack Obama. When Supreme Court Justice Antonin Scalia died unexpectedly on February 13, 2016, Republicans in the U.S.