Bill Text: IA HCR106 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A concurrent resolution urging United States Senator Charles Grassley to promptly hold a hearing to consider President Barack Obama's nomination of an associate justice to the Supreme Court of the United States and for the United States Senate to vote on the nomination.
Spectrum: Partisan Bill (Democrat 38-0)
Status: (Introduced - Dead) 2016-04-25 - Resolution filed, laid over under Rule 25. H.J. 752. [HCR106 Detail]
Download: Iowa-2015-HCR106-Introduced.html
House Concurrent Resolution 106 - Introduced PAG LIN HOUSE CONCURRENT RESOLUTION NO. BY ISENHART, GAINES, BROWN=POWERS, DAWSON, SMITH, ANDERSON, T. TAYLOR, KEARNS, OURTH, PRICHARD, GASKILL, WOLFE, WINCKLER, STUTSMAN, LENSING, HUNTER, MASCHER, STAED, LYKAM, OLSON, WESSEL=KROESCHELL, McCONKEY, DUNKEL, FORBES, KRESSIG, BENNETT, COHOON, BEARINGER, ABDUL=SAMAD, HEDDENS, KELLEY, MEYER, RUFF, OLDSON, HANSON, JACOBY, STECKMAN, and FINKENAUER 1 1 A Concurrent Resolution urging United States Senator 1 2 Charles Grassley to promptly hold a hearing to 1 3 consider President Barack Obama's nomination of an 1 4 associate justice to the Supreme Court of the United 1 5 States and for the United States Senate to vote on 1 6 the nomination. 1 7 WHEREAS, Article III, Section 1 of the Constitution 1 8 of the United States vests judicial authority "in one 1 9 supreme Court"; and 1 10 WHEREAS, the Supreme Court of the United States is 1 11 the highest court in the nation, serves as the final 1 12 arbiter of the Constitution of the United States, 1 13 and considers important national questions whose 1 14 determination is necessary for the orderly operation 1 15 of the federal government and the government of the 1 16 several states; and 1 17 WHEREAS, the United States Supreme Court's power 1 18 of judicial review acts as a vital check on the power 1 19 of the executive and legislative branches and is 1 20 essential to the United States' constitutional system 1 21 of government; and 1 22 WHEREAS, in an effort to avoid an evenly divided 1 23 United States Supreme Court, the Judiciary Act of 1869 1 24 increased membership on the Supreme Court to one chief 1 25 justice and eight associate justices, a number that has 1 26 remained unchanged; and 1 27 WHEREAS, the death of Associate Justice of the 1 28 United States Supreme Court Antonin Scalia on February 2 1 13, 2016, has left a vacancy on the Supreme Court and 2 2 reduced the number of sitting justices from nine to 2 3 eight; and 2 4 WHEREAS, Article II, Section 2 of the Constitution 2 5 of the United States authorizes the President to 2 6 nominate and, with the advice and consent of the 2 7 Senate, to appoint judges to the Supreme Court; and 2 8 WHEREAS, Barack Obama was elected President of 2 9 the United States in 2008 and again in 2012, and his 2 10 presidency will end on January 20, 2017; and 2 11 WHEREAS, on March 16, 2016, President Obama 2 12 fulfilled his constitutional obligation by nominating 2 13 Merrick Garland, Chief Judge of the United States 2 14 Court of Appeals for the District of Columbia Circuit, 2 15 to fill the vacancy on the United States Supreme 2 16 Court; and 2 17 WHEREAS, Judge Garland received bipartisan support 2 18 during his confirmation to the United States Court 2 19 of Appeals for the District of Columbia Circuit in 2 20 1997; and 2 21 WHEREAS, the United States Senate has a duty 2 22 pursuant to Article II, Section 2 of the Constitution 2 23 of the United States to provide the President with 2 24 its advice and consent to the President's nominations 2 25 to the Supreme Court, and refusing to even give due 2 26 consideration to a presidential nomination would be a 2 27 dereliction of the Senate's constitutional duties; and 2 28 WHEREAS, before the full United States Senate may 2 29 consider Judge Garland, the Senate Committee on the 2 30 Judiciary must hold confirmation hearings for Judge 3 1 Garland; and 3 2 WHEREAS, Senator Charles Grassley, the senior 3 3 senator representing the State of Iowa, is the chairman 3 4 of the Senate Judiciary Committee and has the power 3 5 to schedule and hold confirmation hearings for Judge 3 6 Garland before the Senate Judiciary Committee; and 3 7 WHEREAS, by scheduling and holding confirmation 3 8 hearings for Judge Garland before the Senate Judiciary 3 9 Committee, Senator Grassley would fulfill his duties as 3 10 chairman of the Senate Judiciary Committee and as an 3 11 elected representative of the State of Iowa; and 3 12 WHEREAS, the Senate Judiciary Committee and 3 13 the full United States Senate should fulfill their 3 14 constitutional duties by providing an up=or=down vote, 3 15 both in the Senate Judiciary Committee and on the floor 3 16 of the Senate, for Judge Garland's nomination to the 3 17 United States Supreme Court; NOW THEREFORE, 3 18 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE 3 19 SENATE CONCURRING, That the Iowa General Assembly urges 3 20 Iowa Senator Charles Grassley to promptly schedule and 3 21 hold confirmation hearings before the Senate Committee 3 22 on the Judiciary for President Barack Obama's nominee, 3 23 Judge Merrick Garland, to the Supreme Court of the 3 24 United States and for the full United States Senate 3 25 to give Judge Garland a fair and honest consideration 3 26 through an up=or=down vote on the floor of the United 3 27 States Senate; and 3 28 BE IT FURTHER RESOLVED, That a copy of this 3 29 resolution be distributed to the President of the 3 30 United States; the President of the United States 4 1 Senate; the President Pro Tempore of the United States 4 2 Senate; the Majority Leader of the United States 4 3 Senate; the Minority Leader of the United States 4 4 Senate; the Chairman of the Senate Judiciary Committee; 4 5 and the Ranking Member of the Senate Judiciary 4 6 Committee. LSB 6074YH (5) 86 jh/rj
