I was told about this death of a Supreme Court Justice in 2012. The plan was to kill a Justice during President Obama’s final year and block his attempts to appoint another one. I, of course, told John Alexander and the man who shall remain nameless, the many problems with that plan, murder aside.
Here’s what the Constitution has to say about the Supreme Court Vacancy:
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, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
3: The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
It seems the Constitution considers the vacancy a top priority! What the Congress is doing is unconstitutional. It now becomes President Obama’s Constitutional duty to put the appointment through when the Congress recesses or while it is in recess.