Scalia dead

SC Justice Antonin Scalia was found dead today.

As if the current political situation in the USA was tenuous enough as it is

Yeah! That's what much of the coverage is discussing

Not opportune timing, that's for sure.

I'm absolutely sure that President Obama will make a nomination, as is his right and his responsibility.

I'm also absolutely sure the GOP majority in the Senate will do their usual parliamentary sleight-of-hand to remain "in session" through the end of Obama's term, denying him the chance to make a recess appointment (people forget that both Earl Warren and William Brennan were both originally put on the court through recess appointments).

I'm pretty sure, though, that any Obama nominee, no matter how well-qualified, will be blocked. Even if every Democrat and Independent in the Senate voted for the nominee, I doubt he or she would make it successfully through a filibuster or even an up-or-down vote. There are very, very few Republicans brave enough to vote for even a very well-qualified Obama nominee for SCOTUS this late in Obama's second term - but I would be delighted to be proven wrong.

If I were Obama, I would quietly be reaching out to Chief Justice Roberts to see if he'd be willing to say that the Supreme Court should not be forced to work for almost a year with a vacancy, and also both former Presidents Bush to say that their successor, the incumbent, ought to make a nomination and that the Senate ought to vote on it. Getting some prominent Republican support like that would be very useful in dealing with a recalcitrant Senate majority.

Quote:

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Originally posted by Elendil's Heir

Not opportune timing, that's for sure.

I'm absolutely sure that President Obama will make a nomination, as is his right and his responsibility.

I'm also absolutely sure the GOP majority in the Senate will do their usual parliamentary sleight-of-hand to remain "in session" through the end of Obama's term, denying him the chance to make a recess appointment (people forget that both Earl Warren and William Brennan were both originally put on the court through recess appointments).

I'm pretty sure, though, that any Obama nominee, no matter how well-qualified, will be blocked. Even if every Democrat and Independent in the Senate voted for the nominee, I doubt he or she would make it successfully through a filibuster or even an up-or-down vote. There are very, very few Republicans brave enough to vote for even a very well-qualified Obama nominee for SCOTUS this late in Obama's second term - but I would be delighted to be proven wrong.

If I were Obama, I would quietly be reaching out to Chief Justice Roberts to see if he'd be willing to say that the Supreme Court should not be forced to work for almost a year with a vacancy, and also both former Presidents Bush to say that their successor, the incumbent, ought to make a nomination and that the Senate ought to vote on it. Getting some prominent Republican support like that would be very useful in dealing with a recalcitrant Senate majority.

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QFT!! It's my sincere hope this would happen, but I'm not holding my breath.

Wow, this is major, but I see no way the Republican Senate will pass any nominee of Obama's. This could swing the court back towards the liberal side after a steady degradation of our rights in favor of corporations, super-pacs and the religious right. The importance of either Sanders or Clinton winning just went up even higher.