Chuck Grassley works for Chuck Grassley

March 11, 2016

Dear Ms. Lamb:

Thank you for taking the time to contact me.  As your Senator, it is important for me to hear from you.

I appreciate hearing your thoughts on the loss of Justice Antonin Scalia, as well as efforts to fill his seat on the Supreme Court of the United States.  Iowans, as well as all Americans, are currently engaged in a serious discussion on this topic.

As Chairman of the Judiciary Committee, I take very seriously the advice of my predecessors, on the appropriateness for the Senate to withhold consent on any nominee to the Supreme Court, should the President not follow the example of his predecessors, such as President Lincoln, who abstained from making a nomination during a presidential election year until after the people voted.  In 1992, while serving as Chairman of the Judiciary Committee, then-Senator Joe Biden spoke on the Senate floor about the proper actions of the Senate in this very circumstance.  My friend and colleague stated "Senate consideration of a nominee under these circumstances is not fair to the president, to the nominee, or to the Senate itself...Where the nation should be treated to a consideration of constitutional philosophy, all it will get in such circumstances is partisan bickering and political posturing from both parties and from both ends of Pennsylvania Avenue."

I share the concerns of my friend Vice President Biden.  We know that a nominee will not ultimately get confirmed, and because election season is well underway, no matter the qualifications of any potential nominee, the hyper-political environment would cause harm to the court, to the nominee, and to the nation.

It is important to remember that Congress is a coequal branch of government, and our founders sought to protect each branch of government from undue influence from either of the other two.  In response to the current Administration's continuing efforts to use the Judicial branch in order to bypass Congress and undermine the process of representative government, the people made their voices heard in 2014 by revoking the previous majority in the Senate, and increasing the majority ranks in the House of Representatives.

The Senate's decision to express its constitutional right to withhold consent from a nominee until after the next President is sworn in will allow the nominee to receive fair consideration, as opposed to attempts from each party to promote its electoral agenda.

On March 1st, I met with President Obama at the White House to reiterate the Senate's position on this issue. We also took the opportunity to discuss many issues of mutual interest, such as the opioid epidemic that is devastating our country, criminal justice reform, and issues facing Puerto Rico.

I want to sincerely thank you again for sharing your views with me.  I understand that many Americans, especially Iowans, feel passionately about this issue.  Although there may be disagreements between people of good will, it is important for us to continue to have a respectful discussion.  Please keep in touch.

Sincerely,

Chuck Grassley