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1 1 (February 18, 2022)

handle is hein.crs/govefhk0001 and id is 1 raw text is: Congressional *.Research Service Supreme Court Nominations During Years with a Closely Divided Senate February 18, 2022 This Insight provides information and data related to Supreme Court nominations during years with a closely divided Senate. For the purpose of this Insight, a closely divided Senate is defined as one for which the margin that determined majority control of the chamber was two or fewer seats. Under such circumstances, there have been 17 Supreme Court nominations submitted to the Senate during years when it was closely divided-these 17 nominations represent 10% of the 164 Supreme Court nominations submitted to the Senate since 1789. With Justice Stephen Breyer announcing, on January 27, 2022, his intention to retire, and President Joe Biden stating, on the same date, his intention to announce a nominee by the end of February 2022 for the anticipated vacancy on the Court, a nomination submitted this year to the Senate, with its present party division, would be the 18th Supreme Court nomination submitted to a closely divided Senate (under the definition provided above). Nominations Submitted During Past Presidencies The first Supreme Court nomination submitted to a closely divided Senate occurred during the 3r' Congress in 1793, when a political faction of Senators that supported the Washington Administration (Pro-Administration) held 16 seats and a faction that opposed the Administration (Anti- Administration) held 14 seats. As shown by Figure 1, the nominee, William Paterson, was confirmed without a roll call vote. Of the 17 nominations included in the figure, 10 (59%) occurred prior to the 201h century-including 3 nominations submitted during the presidency of Andrew Jackson and 3 submitted during the presidency of Chester Arthur. Two nominees were also submitted to a closely divided Senate during the first term (1885-1889) of President Grover Cleveland. Of the 7 Supreme Court nominations that were submitted to a closely divided Senate since 1900, 5 were submitted during the presidency of Dwight Eisenhower, when-during the 83rd, 84th and 85th Congresses (1953 to 1959)-each party held between 47 and 49 of the chamber's 96 seats. The most recent Supreme Court nomination submitted to a closely divided Senate occurred during the 1151h Congress, with the nomination of Brett Kavanaugh in 2018. Congressional Research Service https://crsreports.congress.gov IN11862 CRS INSIGHT Prepared for Members and Committees of Congress

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