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FILE - In this April 14, 2016 file photo, Judge Merrick Garland, President Barack Obama's choice to replace the late Justice Antonin Scalia on the Supreme Court, arrives for a meeting on Capitol Hill in Washington. The Supreme Court has existed with its full complement of nine justices for close to 150 years, no matter who occupied the White House. Now some Republicans are suggesting that only a president from their political party can fill vacancies.  (AP Photo/J. Scott Applewhite, File)

FILE - In this April 14, 2016 file photo, Judge Merrick Garland, President Barack Obama's choice to replace the late Justice Antonin Scalia on the Supreme Court, arrives for a meeting on Capitol Hill in Washington. The Supreme Court has existed with its full complement of nine justices for close to 150 years, no matter who occupied the White House. Now some Republicans are suggesting that only a president from their political party can fill vacancies. (AP Photo/J. Scott Applewhite, File)

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