The issue focused on Congress's creation of the Supreme Court seat for Justice Anthony Kennedy, who will step down from the court this summer. Lawmakers used the courts to legislate political priorities and secure additional Supreme Court appointments. Lawmakers say they want to avoid political gridlock and send a message to President Obama that they want him to fill the seat.

While nearly every justice said they support the legislation, Justice Scalia also suggested that political considerations should not influence decisions that affect public policy.

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