Rumor vs Reality
- Reality Team
- September 19, 2020
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There is no requirement to fill a vacant seat as soon as possible. In 2016, Mitch McConnell refused to hold a vote on nominee Merrick Garland after Justice Scalia died. The court was down to eight members for 14 months until Neil Gorsuch was confirmed in April 2017.
P.S. In the event of a tie, the decision of the lower court stands.
References
USA Today: And then there were eight: Supreme Court is used to working shorthanded
Legal Information Institute: 28 U.S. Code CHAPTER 1—SUPREME COURT
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