Rep. John Katko (R-Camillus) said the Republican-controlled Senate should hold a hearing for any Supreme Court Candidate President Barack Obama nominates to replace the late Justice Antonin Scalia. Katko said the process should work as directed in the U.S. Constitution.
"Let the Senate weigh it out if it gets to them, but I don't think there should be any block from doing it," Katko said. "I think if they want to present someone, let them do it. But, it may be an exercise in futility unless it's someone that's appealing to everyone."
Senate officials, like GOP Senate Majority Leader Mitch McConnell, have said they do not want to replace Scalia until after a new president is elected and sworn in. However, Obama said Tuesday that he would not wait.
Sen. Charles Schumer (D-NY) has also said the Senate should consider the eventual nominee, saying it would be unprecedented if they didn't.
“We’re hopeful that the public will be so upset at what Sen. McConnell proposed that both Democratic senators and, more importantly, Republican senators will say, 'look,we don’t like who the president nominates and then it will be our prerogative to vote no, but at the very least, there ought to be a hearing and a vote,'" Schumer said.
The president said he would not nominate anyone until after the Senate returns from its recess later this month.