BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AJR 32|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  AJR 32
          Author:   Alejo (D), et al.
          Amended:  5/5/16 in Senate
          Vote:     21 

           SENATE JUDICIARY COMMITTEE:  4-2, 6/14/16
           AYES:  Jackson, Leno, Monning, Wieckowski
           NOES:  Moorlach, Anderson
           NO VOTE RECORDED:  Hertzberg

           ASSEMBLY FLOOR:  54-22, 4/21/16 - See last page for vote

           SUBJECT:   United States Supreme Court:  nominations


          SOURCE:    Author


          DIGEST:  This resolution makes various declarations relating to  
          the importance of the United States Supreme Court, and the  
          respective constitutional duties of the President and the Senate  
          in the process of nominating and confirming justices to the  
          Supreme Court. This resolution urges the U.S. Senate to give  
          President Obama's nominee to the Supreme Court fair and honest  
          consideration through an up or down vote, both on the Senate  
          Judiciary Committee and on the floor of the U.S. Senate.  


          ANALYSIS:  Existing federal law, the U.S. Constitution, provides  
          in relevant part that the President shall nominate, and by and  
          with the advice and consent of the Senate, shall appoint judges  
          of the Supreme Court.  (U.S. Const., Art. II, Sec. 2.)  









                                                                     AJR 32  
                                                                    Page  2



          This resolution: 


           1) Declares, among other things, that: 


                 The U.S. Supreme Court is the highest Court in the  
               Nation and considers important national questions whose  
               determination is necessary for the orderly operation of the  
               federal government and the government of the several  
               states; 


                 Having an even number of justices on the U.S. Supreme  
               Court makes it possible to have numerical ties in  
               controversial decisions before the Court, which could leave  
               unresolved conflicts of law between the several Circuit  
               Courts of Appeal across the Nation; 


                 A failure to ensure conformity of federal and state law  
               across the several states would severely compromise the  
               fundamental constitutional principles of due process and  
               equal protection under the law; 


                 Section 2 of Article II of the U.S. Constitution  
               provides the President with the power to nominate justices  
               to the U.S. Supreme Court with the advice and consent of  
               the U.S. Senate; 


                 By reelecting Barack Obama as President, the American  
               people have already voiced their affirmation that he is  
               their choice to exercise the powers of the Presidency,  
               including filling vacancies on the Supreme Court that arise  
               during his term in office;


                 There is historical precedence for confirming nominees  
               for Justice of the Supreme Court during the final year of a  
               president's term, including Justice Anthony Kennedy by  
               President Ronald Reagan in 1988; Justice Frank Murphy by  







                                                                     AJR 32  
                                                                    Page  3


               President Franklin D. Roosevelt in 1940;  Justice Louis  
               Brandeis by President Woodrow Wilson in 1916; Justice  
               George Shiras, Jr. by President Benjamin Harrison in 1892;  
               Justice Melville Fuller by President Grover Cleveland in  
               1888; Justice William Johnson by President Thomas Jefferson  
               in 1804; and Chief Justice John Marshall by President John  
               Adams in 1801; and


                 The U.S. Senate has a duty afforded by Section 2 of  
               Article II of the U.S.  Constitution to provide the  
               President of the United States with their advice and  
               consent to nominations to the U.S. Supreme Court made by  
               the President, and refusing to even give due consideration  
               to a presidential nomination would be a dereliction of the  
               Senate's constitutional duties.


           1) Urges the U.S. Senate to give President Obama's nominee to  
             the Supreme Court fair and honest consideration through an up  
             or down vote, both on the Senate Judiciary Committee and on  
             the floor of the U.S. Senate.  

          Background


          On February 13, 2016, U.S. Supreme Court Justice Antonin Scalia,  
          who had served over three decades on the high court, was found  
          dead at a West Texas resort.  (Liptak, New York Times, Antonin  
          Scalia, Justice on the Supreme Court, Dies at 79 (Feb. 13, 2016)  
           
                                                                    Page  4


          Nonetheless, on March 16, President Obama nominated the Chief  
          Judge of the U.S. Court of Appeals for the D.C. Circuit, Judge  
          Merrick Garland, to fill the seat left vacant by the late  
          Justice Scalia.  (Chappell and Johnson, National Public Radio,  
          Merrick Garland is Named as President Obama's Supreme Court  
          Nominee (Mar. 16, 2016)  
           
                                                                    Page  5


            Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Rendon
          NOES:  Travis Allen, Bigelow, Brough, Chávez, Dahle, Beth  
            Gaines, Gallagher, Grove, Harper, Jones, Kim, Maienschein,  
            Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson,  
            Steinorth, Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Achadjian, Chang, Hadley, Linder

          Prepared by:Ronak Daylami / JUD. / (916) 651-4113
          6/15/16 17:24:54


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