Toomey on Supreme Court Vacancy

Washington D.C. – Sen. Pat Toomey (R-Pa.) released the following statement on the Supreme Court vacancy created by the passing of Justice Antonin Scalia.

"I have long stated my belief that objective qualifications and adherence to the rule of law should matter more than ideology when it comes to judicial appointments. I have acted accordingly, working closely with Senator Bob Casey on filling 16 vacancies on the federal bench in Pennsylvania and supporting numerous appointments by President Obama, including his appointment of Justice Sonia Sotomayor to the Supreme Court.

"The current vacancy on the Supreme Court, following the tragic death of Justice Antonin Scalia, however, presents an unusual context. In the final year of a presidency, it is common for vacancies that arise on the Supreme Court to await the outcome of the next election. Given that we are already well into the presidential election process and that the Supreme Court appointment is for a lifetime, it makes sense to give the American people a more direct say in this critical decision. The next Court appointment should be made by the newly-elected president. If that new president is not a member of my party, I will take the same objective non-partisan approach to that nominee as I have always done.

"President Obama insists that he will nominate someone for the Court. He certainly has the authority to do so. But let’s be clear – his nominee will be rejected by the Senate. In addition to the normally high level of scrutiny accorded to a Supreme Court nominee, this nominee would have to pass an additional level of scrutiny, which is the question of whether he or she ought to receive a lifetime appointment this year, when one could be made with a broad public stamp of approval less than a year later. That is a standard no nominee is likely to be able to meet.

"It has been less than 72 hours since Justice Scalia’s passing. There has already been too much politicking around the issue of his replacement. This decision should not be rushed, and it should not be made amid the clamoring of a presidential election season. We should honor Justice Scalia’s legacy, and we should put off a decision on his replacement until the newly-elected president can make his or her choice."

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Melissa Ferdinand
Press Secretary
Office of U.S. Senator Pat Toomey
228 Walnut Street, Suite 1104
Harrisburg, PA 17101
Office: (717) 782-3951 | Cell: (717) 480-2806