House Concurrent Resolution 106 - Introduced HOUSE CONCURRENT RESOLUTION NO. 106 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 A Concurrent Resolution urging United States Senator 1 Charles Grassley to promptly hold a hearing to 2 consider President Barack Obama’s nomination of an 3 associate justice to the Supreme Court of the United 4 States and for the United States Senate to vote on 5 the nomination. 6 WHEREAS, Article III, Section 1 of the Constitution 7 of the United States vests judicial authority “in one 8 supreme Court”; and 9 WHEREAS, the Supreme Court of the United States is 10 the highest court in the nation, serves as the final 11 arbiter of the Constitution of the United States, 12 and considers important national questions whose 13 determination is necessary for the orderly operation 14 of the federal government and the government of the 15 several states; and 16 WHEREAS, the United States Supreme Court’s power 17 of judicial review acts as a vital check on the power 18 of the executive and legislative branches and is 19 essential to the United States’ constitutional system 20 of government; and 21 -1- LSB 6074YH (5) 86 jh/rj 1/ 4

H.C.R. 106 WHEREAS, in an effort to avoid an evenly divided 22 United States Supreme Court, the Judiciary Act of 1869 23 increased membership on the Supreme Court to one chief 24 justice and eight associate justices, a number that has 25 remained unchanged; and 26 WHEREAS, the death of Associate Justice of the 27 United States Supreme Court Antonin Scalia on February 28 13, 2016, has left a vacancy on the Supreme Court and 1 reduced the number of sitting justices from nine to 2 eight; and 3 WHEREAS, Article II, Section 2 of the Constitution 4 of the United States authorizes the President to 5 nominate and, with the advice and consent of the 6 Senate, to appoint judges to the Supreme Court; and 7 WHEREAS, Barack Obama was elected President of 8 the United States in 2008 and again in 2012, and his 9 presidency will end on January 20, 2017; and 10 WHEREAS, on March 16, 2016, President Obama 11 fulfilled his constitutional obligation by nominating 12 Merrick Garland, Chief Judge of the United States 13 Court of Appeals for the District of Columbia Circuit, 14 to fill the vacancy on the United States Supreme 15 Court; and 16 WHEREAS, Judge Garland received bipartisan support 17 during his confirmation to the United States Court 18 of Appeals for the District of Columbia Circuit in 19 1997; and 20 WHEREAS, the United States Senate has a duty 21 pursuant to Article II, Section 2 of the Constitution 22 of the United States to provide the President with 23 -2- LSB 6074YH (5) 86 jh/rj 2/ 4

H.C.R. 106 its advice and consent to the President’s nominations 24 to the Supreme Court, and refusing to even give due 25 consideration to a presidential nomination would be a 26 dereliction of the Senate’s constitutional duties; and 27 WHEREAS, before the full United States Senate may 28 consider Judge Garland, the Senate Committee on the 29 Judiciary must hold confirmation hearings for Judge 30 Garland; and 1 WHEREAS, Senator Charles Grassley, the senior 2 senator representing the State of Iowa, is the chairman 3 of the Senate Judiciary Committee and has the power 4 to schedule and hold confirmation hearings for Judge 5 Garland before the Senate Judiciary Committee; and 6 WHEREAS, by scheduling and holding confirmation 7 hearings for Judge Garland before the Senate Judiciary 8 Committee, Senator Grassley would fulfill his duties as 9 chairman of the Senate Judiciary Committee and as an 10 elected representative of the State of Iowa; and 11 WHEREAS, the Senate Judiciary Committee and 12 the full United States Senate should fulfill their 13 constitutional duties by providing an up-or-down vote, 14 both in the Senate Judiciary Committee and on the floor 15 of the Senate, for Judge Garland’s nomination to the 16 United States Supreme Court; NOW THEREFORE, 17 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE 18 SENATE CONCURRING, That the Iowa General Assembly urges 19 Iowa Senator Charles Grassley to promptly schedule and 20 hold confirmation hearings before the Senate Committee 21 on the Judiciary for President Barack Obama’s nominee, 22 Judge Merrick Garland, to the Supreme Court of the 23 -3- LSB 6074YH (5) 86 jh/rj 3/ 4

H.C.R. 106 United States and for the full United States Senate 24 to give Judge Garland a fair and honest consideration 25 through an up-or-down vote on the floor of the United 26 States Senate; and 27 BE IT FURTHER RESOLVED, That a copy of this 28 resolution be distributed to the President of the 29 United States; the President of the United States 30 Senate; the President Pro Tempore of the United States 1 Senate; the Majority Leader of the United States 2 Senate; the Minority Leader of the United States 3 Senate; the Chairman of the Senate Judiciary Committee; 4 and the Ranking Member of the Senate Judiciary 5 Committee. 6 -4- LSB 6074YH (5) 86 jh/rj 4/ 4