1. What’s happening with the Supreme Court vacancy?

2. First, what does the Supreme Court do?
It does not make the laws (presumably Congress does)
It does not enforce the laws (the executive branch does)
It does interpret the laws

3. Example of what Supreme Court does
Suppose that we have a conflict between a store owner and a consumer:
The store owner says that he/she should be able to serve whomever he/she likes to serve and refuse service to whomever he/she does not like. After all, it is his/her business.
A consumer says that so long as he/she acts appropriately and follows all other laws, he/she should be able to be served in any business.
Who rights prevail?

4. Your thoughts on this one:

5. How does someone become a Supreme Court justice?
The U.S. Constitution says in Article II, Section 2
He (the President) shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States.

6. So what’s going on now?
We have a vacancy!

7. Here’s what happened
When that happened, Barack Obama was 1,119 days into his second term.
At that point, Barack Obama had 342 days remaining in his second term.
Almost a year ago (Feb. 13, 2016 to be exact), Justice Antonin Scalia died. He had been appointed to the Supreme Court in 1986 by Ronald Reagan.

8. What next?
Thirty-six days after Scalia’s death (March 16, 2016), President Barack Obama nominated Judge Merrick Garland to fill the vacant seat. Garland was, and still is, the chief judge of the United States Court of Appeals for the District of Columbia Circuit.

9. Garland’s nomination went to the Senate
Republican senate majority leader Mitch McConnell said that the Senate would not consider Garland’s nomination because it was too late into Obama’s second term.
That was with 306 days remaining in the term.
That meant that the court would go more than ten months
with only eight justices.

10. In reality ….
What McConnell was saying was that he wanted a Republican- nominated justice to fill the seat. He was betting on Republican presidential and Senate victories in November.

11. Garland had been what was considered a moderate nominee
Liberal
Conservative

12. The McConnell strategy worked
On Tuesday, January 31, 2017, President Donald Trump nominated Neil Gorsuch from the 10th Circuit Court of Appeals in Denver.

13. Gorsuch is considered a conservative nominee
Liberal
Conservative

14. Three days after his nomination …
The first commercial on his behalf began – unusual for a Court nominee

15. So these questions exist:
Was what Mitch McConnell and the Republican did fair?
Was the “system” fair which did not allow consideration of Garland?
Should Democrats “retaliate” against the Republicans now?
If so, how?
What if it doesn’t work?
What is the grown-up thing for the country to do now?