AJR 32, as introduced, Alejo. United States Supreme Court: nominations.
This measure would urge the United States Senate to fairly consider the nomination for Justice to the United States Supreme Court submitted by President Obama and to vote up or down on the nomination.
Fiscal committee: no.
P1 1WHEREAS, The Supreme Court of the United States is the
2highest court in the nation and considers important national
3questions whose determination is necessary for the orderly
4operation of the federal government and the government of the
5several states; and
6WHEREAS, Having an even number of justices on the Supreme
7Court of the United States makes it possible to have numerical ties
8in controversial decisions before the Court, which could leave
9unresolved conflicts of law between the several Circuit Courts of
10Appeal across the Nation; and
11WHEREAS, A failure to ensure conformity of federal and state
12law across the several states, the fundamental constitutional
13principles of due process and equal protection under the law will
14be severely compromised; and
P2 1WHEREAS, Section 2 of Article II of the United States
2Constitution provides the President of the United States with the
3power to nominate justices to the Supreme Court of the United
4States with the advice and consent of the United States Senate;
5and
6WHEREAS, Barack Obama was duly reelected as President of
7the United States on November 6, 2012, with 332 electoral votes
8and nearly 5 million more votes than his opponent, and retains the
9full powers and privileges of that office until his term ends on
10January 20, 2017; and
11WHEREAS, By reelecting Barack Obama as President of the
12United States, the American people have already voiced their
13affirmation that he is their choice to exercise the powers of the
14Presidency, including filling vacancies on the Supreme Court of
15the United States that arise during his term in office; and
16WHEREAS, There is historical precedence for confirming
17nominees for Justice of the Supreme Court of the United States
18during the final year of a president’s term, including Justice
19Anthony Kennedy of California by President Ronald Reagan in
201988; Justice Frank Murphy of Michigan by President Franklin
21D. Roosevelt in 1940; and Justice Louis Brandeis of Kentucky by
22President Woodrow Wilson in 1916; now, therefore, be it
23Resolved by the Assembly and the Senate of the State of
24California, jointly, That the Legislature urges the United States
25Senate to give whomever President Obama nominates to the
26Supreme Court of the United States fair and honest consideration
27through an up or down vote, both on the Senate Judiciary
28Committee and on the floor of the United States Senate; and be it
29further
30Resolved, That the Chief Clerk of the Assembly transmit copies
31of this resolution to the President and Vice President of the United
32States, to the Speaker of the House of Representatives, to the
33Minority Leader of the House of Representatives, to the Majority
34Leader of the Senate, to the Minority Leader of the Senate, and to
35each Senator and Representative from California in the Congress
36of the United States.
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