New York State Bar
Association President David P. Miranda today issued the following statement:
“President Obama has fulfilled his
constitutional duty by nominating a candidate to fill a vacancy on the Supreme
Court. The Senate should now fulfill its duty and act on the nominee as soon as
“A delay in filling the ninth seat on the
nation’s highest court will impact the court’s ability to resolve disputes when
the justices are split 4-4.
“The late Justice Antonin Scalia made that
point in declining to recuse himself in Cheney
v. US. District Court for the District of Columbia. He explained what
would have happened if he recused himself while sitting on the Court of
‘There, my place would be taken by another
judge, and the case would proceed normally,’ Scalia noted. ‘On the Supreme
Court, however, the consequence is different: The Court proceeds with eight
Justices, raising the possibility that, by reason of a tie vote, it will find
itself unable to resolve the significant legal issue presented by the case.’
“Scalia was writing about how a single case
might be affected by a temporary vacancy.
“The argument to fill the vacancy created
by his death is even more compelling, because it impacts an entire term of
cases, not just one case.
“Justice Scalia's words live on
after his passing. The process should move forward expeditiously.”
New York State Bar Association is the largest voluntary bar association in the
nation. It was founded in 1876.
Contact: Lise Bang-Jensen
Director, Media Services and Public AffairsLbangfirstname.lastname@example.org