Before SCOTUS Blockade, This GOP Senator Wanted Obama To Hurry Up And Fill Federal Vacancies

Ron Johnson said last year that presidents should fill vacancies within 210 days.
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Sen. Ron Johnson (R-Wis.) said in 2015 that President Barack Obama should pick up the pace in filling federal vacancies. But he's been preventing the president from filling the Supreme Court seat that opened in February.
Bill Clark via Getty Images

WASHINGTON ― Sen. Ron Johnson (R-Wis.) won’t help to advance President Barack Obama’s Supreme Court nominee. He’s been pretty blunt about wanting Donald Trump to be the next president, and about letting him appoint someone more conservative to the court.

“Trust me. We will not allow the Supreme Court to flip,” Johnson said in March.

But before the Supreme Court seat opened up this year, the senator considered filling federal vacancies to be more urgent. In June 2015, when the Senate was debating the National Defense Authorization Act, Johnson offered an amendment underscoring that Obama should have to fill federal posts within 210 days of a vacancy opening up.

Here’s the key passage in his amendment:

It is the sense of the Senate that― (1) the President should comply with the Federal Vacancies Reform Act of 1998 and fill vacancies of Presidentially-appointed positions, including Inspectors General, within 210 days of the position becoming vacant;

Obama nominated Merrick Garland in March to replace Supreme Court Justice Antonin Scalia, who died on Feb. 13. That means, by Johnson’s metric, the Senate should be voting to fill the seat before Sept. 10. But Republicans have given no indication they’ll give Garland a hearing, never mind a vote, which would mean the Supreme Court seat staying empty for hundreds of days.

A Johnson spokeswoman did not respond to a request for comment on how the senator squares his efforts to leave the Supreme Court seat empty with his previous push to fill federal vacancies more quickly. Speaking of judges: The Wisconsin senator is also behind the longest circuit court vacancy in the country.

Johnson is up for re-election in November. His Democratic challenger, former Sen. Russ Feingold, is currently leading by 11 percentage points, according to HuffPollster. 

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Before You Go

Donald Trump's Potential Supreme Court Justices
Allison H. Eid(01 of11)
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The Colorado Supreme Court Justice Allison H. Eid hears arguments in the new court room for the first time at the Ralph L. Carr Colorado Judicial Complex in downtown Denver, Colorado January 23, 2013. (credit:Joe Amon via Getty Images)
Steven Colloton(02 of11)
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Steven Colloton (credit:Administrative Office Of The United States Courts)
Raymond W. Gruender(03 of11)
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Raymond W. Gruender, seen while United States Attorney, Eastern District of Missouri in October of 2001. (credit:ASSOCIATED PRESS)
Thomas Hardiman(04 of11)
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Thomas Hardiman (credit:Roy Engelbrecht/Wikimedia Commons)
Raymond Kethledge(05 of11)
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Raymond Kethledge (credit:SPDuffy527/Wikimedia Commons)
Joan Larsen(06 of11)
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Justice Joan Larsen of the Michigan Supreme Court and a former clerk for Supreme Court Justice Antonin Scalia speaks at his memorial service at the Mayflower Hotel March 1, 2016 in Washington, DC. (credit:Pool via Getty Images)
Thomas R. Lee(07 of11)
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Utah Supreme Court Justice Thomas R. Lee takes his place at the bench after being confirmed by U.S. Supreme Court Justice Clarence Thomas at the Matheson Courthouse, Supreme Court chamber in Salt Lake City on Monday, July 19, 2010. (credit:ASSOCIATED PRESS)
William H. Pryor Jr.(08 of11)
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William H. Pryor Jr. (credit:11th Circuit Court Of Appeals)
David Stras(09 of11)
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In this May 13, 2010 file photo, Minnesota Supreme Court Associate Justice David Stras speaks in St. Paul, Minn. Presumptive Republican presidential nominee Donald Trump has released a list of 11 potential Supreme Court justices he plans to vet to fill the seat of late Justice Antonin Scalia. (credit:ASSOCIATED PRESS)
Diane S. Sykes(10 of11)
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Federal judicial nominee Diane S. Sykes of Wisconsin appears before the Senate Judiciary Committee on Wednesday, February 11, 2004. (credit:MCT via Getty Images)
Don Willett(11 of11)
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In this photo taken Sept. 1, 2015, Texas Supreme Court Justice Don Willett speaks in Austin, Texas. (credit:ASSOCIATED PRESS)