Brown Stands with Northwest Ohioans to Call on Senators To Do Their Jobs and Consider Supreme Court Nominee

The Longest Nomination Start-to-Finish was Justice Brandeis at 125 Days; Since 1975 the Average Time from Nomination to a Vote is 70 Days. In the Last 100 Years, the Senate has Taken Action on Every Supreme Court Candidate Nominated in an Election Year; Most Recently, Justice Kennedy was Confirmed Unanimously by a Democratic Senate during the Final Year of President Reagan’s Second Term.

TOLEDO, OH – Following President Obama’s nomination of Merrick Garland to fill the vacancy on the U.S. Supreme Court, U.S. Sen. Sherrod Brown (D-OH) was in Toledo to call on senators to do their jobs and give full and fair consideration to the President’s nominee.

“Chief Judge Garland’s qualifications are without question. After meeting with him, there is no doubt in my mind he is a judge who understands the ways the court impacts everyday working Americans. Judge Garland has my full support,” said Brown. “Hardworking men and women across Ohio go to work every day and do their jobs. They expect their senators to do the same – and that means giving fair consideration to President Obama’s Supreme Court nominee.”

At the Lucas County Courthouse today, Brown was joined by Dr. Jessica Knouse, a constitutional law professor at the University of Toledo College of Law, and Lucas County Commissioner Pete Gerken.

“There are immediate negative consequences to the Senate’s inaction,” Professor Knouse said. “One of the Supreme Court’s key functions is ensuring national uniformity in the interpretation of federal law, and with only eight justices it can’t reliably perform that function. Without a ninth justice, crucial questions can’t be decided and our democracy can't function properly.”

Chief Judge Garland is one of the most respected appellate judges in the country and has more federal judicial experience than any other Supreme Court nominee in history. He was confirmed to the DC Circuit by an overwhelmingly bipartisan vote in 1997 and he has earned bipartisan praise throughout his career. Seven current Republican senators voted for him.  

Despite recent objections from Senate Republicans, over the last 100 years, the full Senate has taken action on every single Supreme Court candidate nominated in an election year. Most recently, Justice Anthony Kennedy was confirmed by a vote of 97-0 by a Democratic Senate in the final year of President Reagan’s second term.

Additional background:

The longest nomination start to finish was Justice Brandeis at 125 days‎.

  • Since 1975, the average number of days from nomination to final Senate confirmation vote is 70 days.  Based on the standard timeline, Garland would have the first day of his hearing on April 27, a vote in the Judiciary Committee on May 12, and a floor vote on May 25.
  • Not since the Civil War, has the Senate taken more than a year to fill a Supreme Court vacancy.
  • A pending Supreme Court nominee has never been denied a hearing in the history of this country – the only exceptions are the nominees who were confirmed without one.


Since the 1980s, every person appointed to the Court has been given a prompt hearing and vote within 100 days.

  • Justice Kagan – 88 days (confirmed 8/5/2010)
  • Justice Sotomayor – 67 days (confirmed 8/6/2009)
  • Justice Alito – 83 days (confirmed 1/31/2006)
  • Chief Justice Roberts – 63 days (from time nominated to be Associate Justice, confirmed 9/6/2005)
  • Justice Breyer – 74 days (confirmed 7/29/1994)
  • Justice Ginsburg – 51 days (confirmed 8/3/1993)
  • Justice Thomas – 99 days (confirmed 10/15/1991)
  • Justice Souter – 69 days (confirmed 10/2/1990)
  • Justice Kennedy – 65 days (confirmed 2/3/1988)
  • Justice Scalia – 85 days (confirmed on 9/17/1986)
  • Chief Justice Rehnquist – 89 days (confirmed as Chief Justice on 9/17/1986)
  • Justice O’Connor – 33 days (confirmed 9/21/1981)

 

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