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2016 presidential candidates on the death of Antonin Scalia and the Supreme Court vacancy

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See also: Process to fill the vacated seat of Justice Antonin Scalia



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For information about the Supreme Court under the Trump administration, click here.

This page was current as of the 2016 election.

On March 16, 2016, President Barack Obama announced Merrick Garland as his nominee to fill the late Justice Antonin Scalia's seat on the United States Supreme Court.[1] At the time of his nomination, Garland was serving as chief judge of the United States Court of Appeals for the District of Columbia Circuit. He joined the court in 1997 after being nominated by former President Bill Clinton.[2]

In 2010, Garland was considered a front-runner for nomination to the Supreme Court of the United States following the retirement of Justice John Paul Stevens. Justice Elena Kagan was chosen instead.[3]

Justice Scalia died on February 13, 2016, at 79 years of age. A member of the U.S. Supreme Court for three decades, Scalia was considered "a champion of originalism" and the dominant conservative voice of the Court.[4][5]

His unexpected death created a vacancy in the Supreme Court. Several members of the U.S. Senate quickly made public comments on whether President Barack Obama (D) should nominate a replacement. U.S. Sen. Patrick Leahy (D-Vt.) said, "The American people deserve to have a fully functioning Supreme Court. The Supreme Court of the United States is too important to our democracy for it to be understaffed for partisan reasons. It is only February. The president and the Senate should get to work without delay to nominate, consider and confirm the next justice to serve on the Supreme Court.”[5]

Some leading Republicans suggested that the individual elected to the presidency in November 2016 should have the right to make the nomination. U.S. Sen. Majority Leader Mitch McConnell (R-Ky.) said in a statement: "The American people should have a voice in the selection of their next Supreme Court justice. Therefore, this vacancy should not be filled until we have a new president."[6] A spokesperson for U.S. Sen. Mike Lee (R-Utah), Conn Carroll, tweeted, "What is less than zero? The chances of Obama successfully appointing a Supreme Court Justice to replace Scalia?"[7]

Senate Minority Leader Harry Reid (D-Nev.) charged, "It would be unprecedented in recent history for the Supreme Court to go a year with a vacant seat. Failing to fill this vacancy would be a shameful abdication of one of the Senate's most essential Constitutional responsibilities."[8]

On the evening of February 13, 2016, Obama held a press conference to address Scalia's death and the Supreme Court vacancy. "I plan to fulfill my constitutional responsibilities to appoint a successor," Obama said.[9]

According to The National Review, "It’s been more than 80 years since a Supreme Court justice was confirmed in an election year to a vacancy that arose that year, and there has never been an election-year confirmation that would so dramatically alter the ideological composition of the Court."[10]

Read below what the 2016 presidential candidates and their respective party platforms said about Justice Scalia's death and the Supreme Court vacancy.

OVERVIEW OF CANDIDATE POSITIONS
  • Hillary Clinton expressed support for President Obama's nominee to the Supreme Court and urged the Senate to hold a hearing on Merrick Garland's nomination.
  • Donald Trump agreed with Republicans that Merrick Garland's nomination should not move forward. He said he believes the next president should fill the Supreme Court vacancy.
  • Jill Stein thought Merrick Garland should have received a Senate hearing.[11] She would have appointed justices who were ready to stand up for everyday people and who were committed to reversing Citizens United.
  • Gary Johnson supported the nomination of a justice who interpreted the Constitution under the theory of original intent and said he would have appointed "good people" to the high court.

    • Democratic ticket

    Democratic Party Hillary Clinton

    caption
    • In response to a question from moderator Chris Wallace during the third presidential debate on October 19, 2016, Hillary Clinton gave the following remarks on the U.S. Supreme Court: "You know, I think when we talk about the Supreme Court, it really raises the central issue in this election. Namely, what kind of country are we going to be? What kind of opportunities will we provide for our citizens? What kind of rights will Americans have? And I feel strongly that the Supreme Court needs to stand on the side of the American people. Not on the side of the powerful corporations and the wealthy. For me, that means that we need a Supreme Court that will stand up on behalf of women's rights, on behalf of the rights of the LGBT community, that will stand up and say no to Citizens United, a decision that has undermined the election system in our country because of the way it permits dark, unaccountable money to come into our electoral system. I have major disagreements with my opponent about these issues and others that will be before the Supreme Court. But I feel that at this point in our country's history, it is important that we not reverse marriage equality, that we not reverse Roe v. Wade, that we stand up against Citizens United, we stand up for the rights of people in the workplace, that we stand up and basically say, the Supreme Court should represent all of us. That's how I see the court. And the kind of people that I would be looking to nominate to the court would be in the great tradition of standing up to the powerful, standing up on behalf of our rights as Americans. And I look forward to having that opportunity. I would hope that the Senate would do its job and confirm the nominee that President Obama has sent to them. That's the way the constitution fundamentally should operate. The President nominates and the Senate advises and consents or not. But they go forward with the process."[12]
    • During a radio interview on September 15, 2016, Clinton indicated that she would not request that President Barack Obama withdraw his nomination of Merrick Garland to the Supreme Court if she were elected president in November. "I’m going to let this president serve out his term with distinction and make the decisions that he thinks are right," she said. Clinton added, “If I have the opportunity to make any Supreme Court appointments I’m going to look broadly and widely for people who represent the diversity of our country, who bring some common-sense, real-world experience."[13]
    • During her speech on March 28, 2016, at the University of Wisconsin at Madison, Clinton called on U.S. Sen. Chuck Grassley (R-Iowa) to “step up and do his job” by giving Merrick Garland a hearing. "He says we should wait for a new president because – and I quote – 'The American people shouldn't be denied a voice.’ Well, as one of the more than 65 million Americans who voted to re-elect Barack Obama, I'd say my voice is being ignored right now because of their obstructionism,” Clinton said.[14]
    • During a speech in Harlem on February 16, 2016, Hillary Clinton criticized Republicans who wanted to postpone confirming a replacement for U.S. Supreme Court Justice Antonin Scalia until after the 2016 presidential election. She said that the spirit that was influencing that movement was the same one that fueled efforts to restrict voting, calling both efforts “a blast from the Jim Crow past.” She said that Republicans speak "as if somehow he’s not the real President. That’s in keeping with what we’ve heard all along right? … Many Republicans talk in coded racial language ... they demonize President Obama.”[15]
    • Discussing the characteristics of potential Supreme Court nominees on February 15, 2016, during a campaign stop in Nevada, Clinton said, “I think the President's going to look for somebody who has a record that is gonna be hard for the Republicans to be against. Somebody who is a sensible person with a good record and maybe somebody who's already been confirmed by the Senate." She continued, "We've got some judges on the courts of appeals, they were confirmed 99 to nothing. So there [sic] people who have already gone through the process."[16]
    • On February 13, 2016, Clinton extended her condolences to Antonin Scalia's family and criticized Republicans who called for a delay in filling Scalia's seat. "My thoughts and prayers are with the family and friends of Justice Scalia as they mourn his sudden passing. I did not hold Justice Scalia’s views, but he was a dedicated public servant who brought energy and passion to the bench. The Republicans in the Senate and on the campaign trail who are calling for Justice Scalia’s seat to remain vacant dishonor our Constitution. The Senate has a constitutional responsibility here that it cannot abdicate for partisan political reasons," she said in a statement.[17]
    • Read more of Hillary Clinton's public statements on 2016 campaign issues.

    Democratic Party Tim Kaine

    caption
    • On October 28, 2016, in offering up a "prediction" on the Supreme Court nomination process should Merrick Garland not receive consideration "during a post-election lame duck session," Kaine said, "We will change the Senate rules to uphold the law, that the court will be nine members ... I was in the Senate when the Republicans’ stonewalling around appointments caused Senate Democratic majority to switch the vote threshold on appointments from 60 to 51. And we did it on everything but a Supreme Court justice ... If these guys think they’re going to stonewall the filling of that vacancy or other vacancies, then a Democratic Senate majority will say, ‘We’re not going to let you thwart the law.' ... The battle is: Do we want a lawfully constituted full court or will we let the Republicans have a hobbled, limited and weakened court? ... The voters are going to stop them, or we’re going to stop them." Kaine also noted that "I think there’s still a significant likelihood that Merrick Garland will get a vote before the end of the year."[20]
    • On September 27, 2016, Kaine announced that he was a co-sponsor of a resolution calling for a hearing and a vote on the nomination of Chief Judge Merrick Garland before the Senate adjourns for its next recess. The resolution would prohibit the Senate "from adjourning, recessing, or convening in a pro forma session unless the Senate has provided a hearing and a vote on the pending nomination to the position of justice of the Supreme Court of the United States."[21]
    • As members of the U.S. Senate held meetings with President Obama's Supreme Court nominee Merrick Garland, Roll Call asked each senator what was discussed. Kaine told Roll Call that he told Garland he would "encourage colleagues to 'respect the traditions of the Senate' and the Constitution."[22]
    • On May 17, 2016, Tim Kaine made remarks on the Senate floor to acknowledge the anniversary of the Supreme Court decision in Brown v. Board of Education. In his speech, Kaine stressed the importance of having a nine-member Supreme Court and shared how many Virginia constituents perceive the fact that President Obama's Supreme Court nominee has not received a hearing. Kaine said in part, "While most know what the Brown case resolved, few remember that the Brown ruling was in serious jeopardy because of the death of a Supreme Court Justice and the deep divisions among the remaining 8 members. It was only through the prompt filling of a judicial vacancy that the Court could come together and render a ruling in America’s best interest. The Brown case was originally argued in 1952 and the Court that heard the argument was hopelessly divided, so divided in fact that they asked that the case be reargued in 1953. And then, to make matters worse, Chief Justice Fred Vinson died before the reargument. By many accounts, his death left the Court evenly divided over an issue of the deepest importance. Had the vacancy persisted, there is no way of predicting whether the Supreme Court could have even resolved the case. Imagine how different our history would have been if the Supreme Court was unable to decide on a matter of such fundamental importance. But, President Eisenhower nominated former California Governor Earl Warren to fill the vacancy. The Senate did its job, held a prompt hearing and confirmed his appointment. And Chief Justice Warren then used his skill to cut through the division and convince his colleagues that the Court should speak unanimously and say that a child’s skin color should not determine which school he or she should attend. Because the Senate did its job, the Court was able to do its job. And all America was lifted."[23]
      • On the majority leader's announcement shortly after Scalia's death that no nomination by President Obama would ever receive a hearing or a vote, Kaine said, "I conclude that the majority’s rationale—we should not take up the Garland nomination because the vacancy has occurred in the final year of a Presidential term—is at odds with the text of the Constitution, with the clear meaning of the text as explained during the drafting of the provision and with the clear line of Senate action in previous cases. So, what explains the majority’s blockade of Judge Garland? I obviously do not know their motivations and cannot comment on them. But I can discuss how it appears, based on my discussions with Virginians. The current Senate blockade is variously interpreted as an attack on the nominee, on the particular President making this nomination or on the very notion of judicial independence."[23]
      • Addressing the nominee's qualifications and record, Kaine said, "And, now that Judge Garland has been nominated, we also know that the majority blockade is not about the character of the nominee. Judge Garland has an esteemed record as a prosecutor, private practitioner and federal appellate judge on the DC Circuit Court of Appeals. His judicial service alone is approaching the twenty-year mark on a court that most believe is second in importance only to the Supreme Court. No member of the majority has yet found any credible weakness in his background, integrity, experience, character, judicial temper or fitness for the position. Indeed, the majority’s senior member, a respected former chair of the Judiciary Committee, has praised Judge Garland as exactly the kind of jurist who should be on the Supreme Court. In my recent interview with Judge Garland, I came away deeply impressed with his thoughtful manner and his significant experience as a trial attorney and judge. This is no ivory tower jurist but instead a man who understands the real life struggles of plaintiffs and defendants, lawyers and juries, legislators and citizens, who depend upon the Supreme Court to give clarity and guidance to the rules that impact the most important issues of their lives. We should give President Obama his due in proposing a nominee with impeccable credentials. So, I reject the notion that the majority’s opposition is about the nominee. In fact, a determination that Merrick Garland was not of “fit character” to even receive consideration as a Supreme Court Justice would set such a high bar for appointees that it’s hard to imagine anyone ever clearing it."[23]
    • Read more of Tim Kaine's public statements on 2016 campaign issues.

    Republican ticket

    Republican Party Donald Trump

    caption
    • In response to a question from moderator Chris Wallace during the third presidential debate on October 19, 2016, Donald Trump gave the following remarks on the U.S. Supreme Court, "The Supreme Court, it is what it is all about. Our country is so, so, it is just so imperative that we have the right justices. Something happened recently where Justice Ginsburg made some very inappropriate statements toward me and toward a tremendous number of people. Many, many millions of people that I represent and she was forced to apologize. And apologize she did. But these were statements that should never, ever have been made. We need a Supreme Court that in my opinion is going to uphold the second amendment and all amendments, but the second amendment which is under absolute siege. I believe, if my opponent should win this race, which I truly don't think will happen, we will have a second amendment which will be a very, very small replica of what it is right now. But I feel that it is absolutely important that we uphold because of the fact that it is under such trauma. I feel that the justices that I am going to appoint, and I've named 20 of them. The justices that I am going to appoint will be pro-life. They will have a conservative bent. They will be protecting the second amendment. They are great scholars in all cases and they're people of tremendous respect. They will interpret the constitution the way the founders wanted it interpreted and I believe that’s very important. I don't think we should have justices appointed that decide what they want to hear. It is all about the constitution of, and it is so important. The constitution the way it was meant to be. And those are the people that I will appoint."[24]
    • Trump released a list of names from which he would choose nominees to the U.S. Supreme Court as president on September 23, 2016. The list includes four state supreme court judges, four federal appellate judges, and two federal district court judges. This list adds to a list of 11 potential nominees Trump released on May 18, 2016. In a press release, Trump thanked the Federalist Society and the Heritage Foundation, among others, for help in constructing the list.[25] For a complete list of Trump's potential nominees to the Supreme Court, click here.
    • On February 14, 2016, Donald Trump said that he was joking when he stated in 2015 that he would appoint his sister, federal judge Maryanne Trump Barry, to the Supreme Court if given the opportunity. He said, “My sister’s a brilliant person, known as a brilliant person, but it’s obviously a conflict. … My sister, also she — she also happens to have a little bit different views than me, but I said in that in a very joking matter, and it was all lots of fun and everything else.”[26]
    • At the Republican presidential debate on February 13, 2016, Trump identified federal judges Diane Sykes and William Pryor as potential replacements for Antonin Scalia. He added that he expected President Barack Obama would nominate a justice and that it was "up to Mitch McConnell, and everybody else to stop it. It's called delay, delay, delay."[27]
    • Earlier on February 13, 2016, Trump tweeted, "The totally unexpected loss of Supreme Court Justice Antonin Scalia is a massive setback for the Conservative movement and our COUNTRY!"[28]

    Republican Party Mike Pence

    caption
    • On August 10, 2016, Pence criticized former Ohio governor and 2016 Democratic Ohio Senate candidate Ted Strickland for his earlier comment about the death of Supreme Court Justice Antonin Scalia. Pence said, “You know your former governor, Ted Strickland. I just learned on the way over here, actually said on Monday that the death of Antonin Scalia, quote: 'happened at a good time.'” Pence continued, “Well those remarks are appalling, and they are one more reminder why Ohio must reelect Sen. Rob Portman to Washington, D.C. My friends, the passing of a constitutional scholar like the late justice Antonin Scalia was an American tragedy. And Donald Trump and I know that there is never a good time for a good man and a principled conservative to leave our Supreme Court or leave this Earth. But the truth is, Ted Strickland’s callous remarks remind us of the stakes in this election. I would say particularly to our constitutional liberties, including the right to keep and bear arms.” Strickland apologized for the remark on August 10, 2016.[30]
    • During a town hall meeting in Grand Rapids, Michigan, Pence explained why he was discussing the Supreme Court vacancy. He said, "While we’re choosing a president for the next four years, this next president will make decisions that will impact our Supreme Court for the next 40.”[31]

    Green candidate

    Green Party Jill Stein

    Jill-Stein-circle.png
    • During the second presidential election debate between Hillary Clinton and Donald Trump, Stein joined Democracy Now! to answer the same questions as Clinton and Trump. Democracy Now! asked, "What would you prioritize as the most important aspect of selecting a Supreme Court justice?" Stein replied, "We very much need Supreme Court justices who are ready to stand up for everyday people. And that means to end the stranglehold that big money has on our political system. So that means not only overturning Citizens United, but supporting the fact that money is not speech and that corporations are not people. In addition, we need strong support for our rights as voters, which are being encroached on by voter ID laws terribly. And we need to support the constitutional right to vote, and ensure that there is positive and continuous support for that right to vote, which is very much under threat. And in addition, the Supreme Court needs to be strongly in support of women’s rights, the rights of immigrants, workers’ rights and LGBTQ rights."[33]
    • According to a Stein's 2016 presidential campaign website, "Stein said if elected President, she would seek to reinstate the administrative protections against such deportations and appoint a US Supreme Court Justice that would uphold the constitution and protect the needs of average people."[34]
    • On July 9, 2014, Stein wrote on her Facebook page, "If they're offended by the sexist Supreme Court Hobby Lobby decision, the President (and future candidates) should start with a pledge to appoint women only to the bench until we reach gender parity."[35]
    • According to a 2012 Huffington Post candidate profile, Stein "would appoint Supreme Court justices who believe corporations are corporations, not people, and fight to get corporate money and influence out of the political process."[36]
    • Read more of Jill Stein's public statements on 2016 campaign issues.

    Libertarian candidate

    Libertarian Party Gary Johnson

    Gary-Johnson-(New Mexico)-circle.png
    • Johnson released a list of potential Supreme Court nominees he would consider if elected president. Johnson said in a statement, “I have made clear that I believe the Supreme Court should be guided by a loyalty to the original and fundamental principles of limited government and liberty embodied in the Constitution and the Bill of Rights. As president, when the opportunity arises, I will nominate justices who have proven records of demonstrating that loyalty to the Constitution.” The list included the following:[38]
      • Alex Kozinski, circuit judge on the United States Court of Appeals for the 9th Circuit.
      • Randy Barnett, director of the Georgetown Center for the Constitution.
      • Janice Rogers Brown, D.C. Circuit Court judge and former California Supreme Court justice.
      • Tom Campbell, former member of Congress and dean of the Chapman University School of Law.
      • Miguel Estrada, partner at the Washington, D.C., law office of Gibson, Dunn & Crutcher LLP
      • Jonathan Turley, professor at George Washington University Law School
    • During an appearance on C-SPAN on October 11, 2016, a viewer asked what Johnson's top considerations would be for a Supreme Court justice. Johnson responded by releasing his short list for filling the vacancy created by the death of Justice Antonin Scalia. Johnson said, "At the top of that list is Jonathan Turley from George Washington University and Tom Campbell who is the dean of Chapman University." Johnson said he would fill the vacancy with someone who views the Constitution "from the perspective of original intent."[39]
    • In a July 25, 2016, Reason.com interview, Nick Gillespie asked Johnson and his running mate Bill Weld, "The Supreme Court looms large in everybody's political calculations. Who are the Supreme Court picks you're going to make?" Johnson replied, "Really, there are going to be no litmus test. You're going to appoint good people, and you're going appoint people that look at the Constitution of original intent." Weld added, "Well, I don't think you have to panic and say it has to be a way lefty or way righty. Steve Breyer has been a good justice. He was appointed by Democrats."[40]
      • In the same Reason.com interview, Weld commented on President Obama's nominee Merrick Garland. Weld said, "Merrick Garland, I think, would have been a very good pick, and he's nominated by Obama. Everyone sort of agrees on that. It's just the two party hysteria that says, "Just as you can have far-right congressmen in the Republican Party and far-left congressmen, congresswomen in the Democratic Party, therefore the same is true for the Supreme Court." The opposite is the case. You want people who are tranquil of mind and can analyze the issues and come to a conclusion that makes sense, rooted in the jurisprudence of our country going back hundreds of years."[40]
    • In a phone interview with ProCon.org on June 14, 2016, Johnson was asked, "Should Supreme Court Justice Scalia's replacement be chosen by President Obama?" Johnson replied, ""[T]hey should hold hearings on Obama's nominee. It's Obama's duty to provide that nomination and I think that Congress should follow through on that, which obviously they are not."[41]

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    Footnotes

    1. ↑ NPR, "President Obama To Announce Merrick Garland As Supreme Court Nominee," accessed March 16, 2016
    2. ↑ United States Court of Appeals District of Columbia Circuit, "Merrick B. Garland," accessed August 22, 2013
    3. ↑ Los Angeles Times, "Profiles of three possible successors to Justice John Paul Stevens," April 10, 2010
    4. ↑ The New York Times, "Justice Antonin Scalia, Who Led a Conservative Renaissance on the Supreme Court, Is Dead at 79," February 13, 2016
    5. ↑ 5.0 5.1 The Hill, "Justice Antonin Scalia dead," February 13, 2016
    6. ↑ CNBC, "U.S. Senate leader McConnell says wait on replacing Scalia," February 13, 2016
    7. ↑ The Huffington Post, "Conservatives Quickly Refuse Any Obama Court Replacement After Antonin Scalia's Death," February 13, 2016
    8. ↑ Talking Points Memo, "Harry Reid To Republicans: You Better Not Block Us From Replacing Scalia," February 13, 2016
    9. ↑ The Washington Post, "Live updates: Reactions to Justice Scalia’s death," February 13, 2016
    10. ↑ National Review, "No Election-Year Confirmation," February 13, 2016
    11. ↑ iSideWith.com, "Jill Stein’s political views on scotus," accessed October 17, 2016
    12. ↑ Politico, "Full transcript: Third 2016 presidential debate," October 20, 2016
    13. ↑ U.S. News & World Report, "Clinton Refuses to Commit to Merrick Garland as Her Supreme Court Pick," September 15, 2016
    14. ↑ CNN, "Clinton takes aim at Trump in Supreme Court speech," March 28, 2016
    15. ↑ New York Daily News, "Hillary Clinton, during speech in NYC, compares GOP to ‘Jim Crow’ for refusing to back Obama’s Supreme Court pick," February 17, 2016
    16. ↑ CNN, "Clinton tips her hand on Supreme Court nominations," February 15, 2016
    17. ↑ Hillary Clinton for President, "Hillary Clinton Statement on the Passing of Supreme Court Justice Antonin Scalia," February 13, 2016
    18. ↑ 18.0 18.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    19. ↑ Democratic Party, "The 2016 Democratic Party Platform," accessed August 25, 2016
    20. ↑ Roll Call, "Tim Kaine predicts possible 'nuclear option' over Supreme Court nomination," October 31, 2016
    21. ↑ Tim Kaine United States Senator for Virginia, "Press Release: SENATE DEMOCRATS: NO VOTE ON GARLAND NOMINATION, NO RECESS," September 27, 2016
    22. ↑ Tim Kaine United States Senator for Virginia, "Meeting with Merrick," April 25, 2016
    23. ↑ 23.0 23.1 23.2 Tim Kaine United States Senator for Virginia, "KAINE ON OBSTRUCTION OF PRESIDENT OBAMA’S SUPREME COURT NOMINEE: WE CANNOT BLIND OURSELVES TO HOW OUR ACTIONS ARE PERCEIVED," May 17, 2016
    24. ↑ Politico, "Full transcript: Third 2016 presidential debate," October 20, 2016
    25. ↑ NPR, "Donald Trump Unveils New, More Diverse Supreme Court Short List," September 23, 2016
    26. ↑ The New York Times, "Trump Says He Was Kidding in Suggesting His Sister for the Court," February 14, 2016
    27. ↑ The Washington Post, "The CBS News Republican debate transcript, annotated," February 13, 2016
    28. ↑ Twitter, "Donald Trump," February 13, 2016
    29. ↑ Republican Party, "The 2016 Republican Party Platform," accessed August 23, 2016
    30. ↑ Politico, "Pence rips Strickland over comments on Scalia’s death," August 10, 2016
    31. ↑ Conservative Daily Post, "MIKE PENCE: “WE’RE OVER-RULING THAT SUPREME COURT CASE,” July 29, 2016
    32. ↑ PBS Newshour, "Pence talks Turkey, abortion, Trumponomics, trade and the Supreme Court," July 21, 2016
    33. ↑ Democracy Now!, "Expanding the Debate: Jill Stein Spars with Clinton & Trump in Democracy Now! Special - Part 2," October 10, 2016
    34. ↑ Jill Stein for President, "Jill Stein Opposes Supreme Court on Immigration," accessed October 17, 2016
    35. ↑ Facebook, "Jill Stein," July 9, 2014
    36. ↑ Huffington Post, "President Jill Stein," September 13, 2012
    37. ↑ Green Party, "The 2016 Green Party Platform," accessed August 23, 2016
    38. ↑ Washington Examiner, "Gary Johnson unveils potential SCOTUS pick list," November 1, 2016
    39. ↑ C-SPAN, "Libertarian Party Presidential Nominee Gary Johnson," October 11, 2016
    40. ↑ 40.0 40.1 Reason.com, "Gary Johnson and William Weld on Hillary, Trump, and Why You Should Vote Libertarian," July 25, 2016
    41. ↑ ProCon.org, "Should Supreme Court Justice Scalia's Replacement Be Chosen by President Obama?" accessed October 18, 2016
    42. ↑ Libertarian Party, "The 2016 Libertarian Party Platform," accessed August 23, 2016
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