Talk amongst Republicans recently has been centered around blocking Hillary Clinton from appointing a ninth Supreme Court Justice. Is that even possible, for Republicans to shrink the Court? Turns out, it is possible, and it very well may occur.
Prominent Republicans Speaking Out
North Carolina Senator Richard Burr recently came out with a bold promise: “If Hillary Clinton becomes president, I am going to do everything I can do to make sure four years from now, we still got an opening on the Supreme Court.” Burr is not alone in speaking out- he is the third prominent Republican to make a public statement regarding the GOP’s intention to block Clinton’s appointments. Texas Senator Ted Cruz and Arizona Senator John McCain both preceded Burr, arguing there is a “long historical precedent for having fewer than nine justices on the supreme court.”
But How?
Three prominent Republican Senators speaking out may prove the party’s intense desire to keep the seat vacant, but how could these threats become a reality? In short, the Republican Senate is not required by the Constitution to confirm or even entertain Clinton’s nominee. Further, history underscores the possibility of this occurring, as Court vacancies have been historically common for long periods of time.
Obama Fires Back
President Obama even seems to acknowledge the strong possibility of Republicans accomplishing this court blockade. “What, only Republican presidents get to nominate judges? Is that in the Constitution…?”, Obama beckoned the crowd in North Carolina, the home state of Senator Richard Burr. These three prominent Republican Senators threats are supported by historical precedence, legitimized by the Constitution, underscored by the President’s attacks, and ultimately shed light on the strong possibility of Republicans blocking the ninth Justice from being appointed.