Why Didn't President Obama Attempt to Fill a Supreme Court Seat Before Leaving Office?

President Barack Obama faced significant challenges in his attempts to fill vacant positions on the United States Supreme Court. Two key words often invoked in such discussions are "Mitch McConnell" and "filibuster." These issues highlight the complex interplay between presidential appointments, Senate control, and political strategies in American governance.

Senate Obstruction and Political Strategies

Mitch McConnell's Obstruction: Often cited as a primary reason for the failure to fill the Supreme Court seat, Mitch McConnell played a crucial role in obstructing President Obama's attempts. McConnell, the then-Senate Majority Leader, advocated for a strategy to hold the seat open until the 2016 election. His reasoning was that if the seat remained unfilled until a Democratic President took office, the new administration would have the opportunity to nominate and potentially confirm a justice. This strategy, rooted in Republican political savvy, was designed to influence the composition of the Court in favor of a conservative tilt.

Expectations from Hillary Clinton: Another point of contention was the expectation from Democrats that Hillary Clinton would become the next President. If she won the 2016 election, many thought that the Supreme Court vacancy would be filled by a justice aligned with her views on the bench. However, as it turned out, Clinton lost the election, and the opportunity to fill the vacancy as expected was lost.

Ideas for Recess Appointments

Instead of trying to fill the vacancy during his term, President Obama considered making recess appointments. Recess appointments allow the President to fill the position when Congress is not in session. However, McConnell and his colleagues controlled the Senate and were not willing to let the seat go unoccupied. They effectively filibustered the nomination of Merrick Garland, a long-standing consensus nominee. By withholding consent for the confirmation process, they ensured that the seat would remain vacant until a new President took office in 2017.

Historical Context and Actions

Six Opportunities for Nomination: Throughout his tenure, President Obama had several opportunities to nominate justices for the Supreme Court. He successfully appointed Justices Sonia Sotomayer and Elena Kagan, thereby adhering to the responsibilities of the presidency. The third and most contentious nomination was that of Merrick Garland, made on March 16, 2016, nearly eight months before the 2016 election.

Merrick Garland had significant bipartisan support and had been identified as a "consensus nominee" by Republican Senator Orrin Hatch in 2010. This support was maintained until the recent nomination, which was supposed to be considered by a new administration. However, the nomination was delayed and ultimately not considered by the newly elected President Donald Trump. The nomination process for Garland and the subsequent delay illustrate the complex dynamics at play between legislative and executive branches during contentious political climates.

Conclusion

In summary, while President Obama did make several attempts to fill the Supreme Court seat before leaving office, the failure to do so was largely due to the obstructionist tactics employed by the Republican-controlled Senate. The attempt to hold the seat open until after the 2016 election, combined with the strategy of influencing the composition of the Court, underscored the political complexities and the enduring impact of Senate control on judicial nominations.