AJR 32, as amended, 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
P2 1unresolved conflicts of law between the several Circuit Courts of
2Appeal across the Nation; and
3WHEREAS, A failure to ensure conformity of federal and state
4law across the several states would severely compromise the
5fundamental constitutional principles of due process and equal
6protection under the law; and
7WHEREAS, Section 2 of Article II of the United States
8Constitution provides the President of the United States with the
9power to nominate justices to the Supreme Court of the United
10States with the advice and consent of the United States Senate;
11and
12WHEREAS, Barack Obama was duly reelected as President of
13the United States on November 6, 2012, with 332 electoral votes
14and nearly 5 million more votes than his opponent, and retains the
15full powers and privileges of that office until his term ends on
16January 20, 2017; and
17WHEREAS, By reelecting Barack Obama as President of the
18United States, the American people have already voiced their
19affirmation that he is their choice to exercise the powers of the
20Presidency, including filling vacancies on the Supreme Court of
21the United States that arise during his term in office; and
22WHEREAS, There is historical precedence for confirming
23nominees for Justice of the Supreme Court of the United States
24during the final year of a president’s term, including Justice
25Anthony Kennedy of California by President Ronald Reagan in
261988; Justice Frank Murphy of Michigan by President Franklin
27D. Roosevelt in 1940;begin delete andend delete Justice Louis Brandeis of Kentucky by
28President Woodrow Wilson in 1916; Justice George Shiras, Jr. by
29President Benjamin Harrison in 1892; Justice Melville Fuller by
30President Grover Cleveland in 1888; Justice William Johnson by
31President Thomas Jefferson in 1804; and Chief Justice John
32Marshall by President John Adams in 1801; and
33WHEREAS, The United States Senate has a duty afforded by
34Section 2 of Article II of the United States Constitution to provide
35the President of the United States with their advice and consent to
36nominations to the Supreme Court of the United States made by
37the President, and refusing to even give due consideration to a
38presidential nomination would be a dereliction of the Senate’s
39constitutional duties; now, therefore, be it
P3 1Resolved by the Assembly and the Senate of the State of
2California, jointly, That the Legislature urges the United States
3Senate to givebegin delete whomever President Obama nominatesend deletebegin insert President
4Obama’s nomineeend insert to the Supreme Court of the United States fair
5and honest consideration through an up or down vote, both on the
6Senate Judiciary Committee and on the floor of the United States
7Senate; and be it further
8Resolved, That the Chief Clerk of the Assembly transmit copies
9of this resolution to the President and Vice President of the United
10States, to the Speaker of the House of Representatives, to the
11Minority Leader of the House of Representatives, to the Majority
12Leader of the Senate, to the Minority Leader of the Senate, and to
13each Senator and Representative from California in the Congress
14of the United States.
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