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1 (March 3, 2016)

handle is hein.crs/crsuntaakkk0001 and id is 1 raw text is: CRS INSIGHT Nominations to the Supreme Court During Presidential Election Years (1900-Present) March 3, 2016 (IN10455) Related Author Bara _ McMillion Barry J. McMillion, Analyst in American National Government (bmcmillion cts loc gov, 7-6025) This CRS Insight provides data and analysis related to nominations made to the Supreme Court during presidential election years from 1900 to the present. As of this writing, there have been eight such nominations since 1900-six to fill actual vacancies that existed at the time a President submitted a nomination to the Senate and two for anticipated future vacancies on the Court (i.e., vacancies that did not exist at the time a President submitted a nomination to the Senate). An anticipated vacancy, for.example, arises when a sitting Justice announces his or her intention to retire upon Senate approval of a new Justice. This Insight is not intended to provide a comprehensive analysis of the Supreme Court nomination and confirmation process. For longer analyses on the Supreme Court selection and confirmation process, see CRS Report R44235 (addressing the selection of nominees by a President), CRS Report R44236 (addressing the role of the Senate Judiciary Committee in processing nominations), and CRS Report R44234 (addressing Senate debate and final action on nominations). As of this writing, some Senators have calld h n i tfill th v n created by Antonin Scalia's death until after a new President is inaugurated, while other Senators have n t fi a nmin during President Obama's final year in office. As discussed in preious.CRS.analysis of prior nominations to the Supreme Court, multiple political and policy considerations will influence the length of time for Justice Scalia's successor to be confirmed by the Senate. Note that this Insight does not take a position as to when the Senate should confirm a nominee to the Scalia vacancy. Nominations Made to Fill Actual Vacancies on the Court As shown by Figure 1, the Scalia vacancy is historically unique in that, at least since 1900, it is the only vacancy that has existed during the eighth, and final, year of a presidency that also arose during the eighth year itself The vacancy that existed in 1988 during the Reagan presidency arose prior to the eighth year (on.une_ 26 1987). Note that the vacancy that existed during the 1940 election year occurred during President Roosevelt's eighth year in office. But this vacancy existed prior to the ratification, in 1951, of the Twenty-second Amendment limiting a President

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