Since the sudden and unexpected passing of Supreme Court Justice Antonin Scalia, there has been a tizzy around filling the vacancy. I won’t go into all of that since I am sure all of you are familiar with the circumstances.
But since there is no clear solution in the Constitution and no one in Washington can seem to find a pattern in tradition or history, I would support a Constitutional Amendment requiring the president to nominate a replacement within 60 days of the vacancy. And the Senate would have another 90 days to complete their hearings and take their vote.
Remedies if either party doesn’t take on their responsibilities? The president misses his cue, the Senate gets to fill the vacancy. The Senate doesn’t hit the 90 day limit, the nominee automatically because a member of the court.