Back to a Full Bench

After 14 months of operating with only 8 justices, on April 17, 2017, the Supreme Court of the United States will hear oral arguments with a full bench.  Judge Neil Gorsuch has been confirmed by the United States Senate to fill the vacancy on the high court created by the death of Justice Antonin Scalia last February.  Judge Gorsuch will be sworn in today.

Judge Gorsuch’s confirmation process was not without controversy.  Senate Democrats, upset that former-President Obama’s pick to replace Justice Scalia did not receive a hearing, filibustered Gorsuch’s nomination on the Senate floor.  Republicans responded by using the “nuclear option” to change the Senate rules and require only 51 votes (not 60) for Judge Gorsuch’s nomination to move forward.  Senate Democrats had similarly used the “nuclear option” in 2013 to remove the filibuster for executive and federal appellate nominees.

Justice Gorsuch’s first week as a justice will be likely spent prepping for the cases the Court will hear his second week on the bench.  The Court is sent to hear argument in seven cases from April 17 to April 19.  His vote is likely to be critical in some the cases still facing the Court this term.