Merged Scalia is dead

[logger]

Yes already Ted Cruz and Marco Rubio have called for Republicans to refuse to accept anyone nominated by President Obama. Disgraceful.

They're hero's.

You libs have to understand, if your given this nomination our country will be changed for generations. Obama will not get another pick. I hope the repubs understand if they let Obama do this, they will start a violent revolution that cannot be stopped.

We will not be governed by the most immoral among us!!!!

 

[rdaneel]

I wonder which possibility might frighten the Republicans the most.
Don't obstruct and Obama gets the nomination,
Obstruct and Hillary could get the nomination,
or, Obstruct and Trump gets the nomination.

 

[Desert Fox]

I'm confident there will be no confirmed replacement before the election. I hope to be surprised.

But, if no replacement, then is there any real threat of a 4-4 split? If I recall correctly, if there is a tie vote, the lower court ruling is upheld. Not sure yet what that might mean for the upcoming 2016 cases, but I'm sure our politicians will be considering it when they decide how to behave with regard to confirming a nominee.

From one of the previous articles linked:
The longest it has ever taken to confirm a Supreme Court nominee is 125 days and the average time it takes is 73 days. Obama has 361 days left in office.

 

[newyorkguy]

Here's the website comment I referred to (from a site called Mental Floss):

Why are there 9 Supremes?
There don't have to be—the Constitution doesn't specify—and there weren't always. The Federal Judiciary Act called for a chief justice and five associate justices. And the Court didn't settle into the current lineup of eight associates and a chief until the late 1860s.

A sixth associate was added in 1807, a seventh and eighth in 1837, and a ninth in 1863. Congress sought to restructure the Court during the contentious administration of Andrew Johnson, Abraham Lincoln's controversial successor. A law passed in 1866 called for a decrease in the number of associate justices from nine to six through the process of attrition. Seven associates still remained on the bench in 1869, when a law was passed to increase the number back to eight. By that time President Ulysses S. Grant had taken office. link

 

[arthwollipot]

My first thought was to offer condolences to Clarence Thomas. How's he going to make up his mind now?

I hear he's speechless.

 

[JeanFromBNA]

The saddest person at the moment is Anthony Kennedy.

The saddest SC Justice is probably Justice Ginsburg. They were good friends.

 

[Desert Fox]

They're hero's.

You libs have to understand, if your given this nomination our country will be changed for generations. Obama will not get another pick. I hope the repubs understand if they let Obama do this, they will start a violent revolution that cannot be stopped.

We will not be governed by the most immoral among us!!!!

People are mad about Citizens United, there is now a greater than 500% support for gay marriage buy Americans, more Americans support abortion than oppose. . . . .The world has changed and you have been left behind.

 

[madurobob]

From one of the previous articles linked:
The longest it has ever taken to confirm a Supreme Court nominee is 125 days and the average time it takes is 73 days. Obama has 361 days left in office.

Understood. But, what were the circumstances of those previous ones - in an election year? In a hyper-polarized environment?

I would not see it as extreme at all to postpone a confirmation until the election was settled.

(eta: tho I'd certainly prefer a quality nominee from Obama)

 

[ehcks]

From one of the previous articles linked:
The longest it has ever taken to confirm a Supreme Court nominee is 125 days and the average time it takes is 73 days. Obama has 361 days left in office.

Oh good, I was looking for that. Instead I found a list of current US judicial vacancies, one that has lasted for over 10 years so far.

 

[newyorkguy]

Yes Ruth Bader Ginsburg was personal friends with Antonin Scalia. She said he was a very nice man, very warm friend and that she liked him very much. She also conceded some of his legal decisions were irrational.

 

[crescent]

They're hero's.

You libs have to understand, if your given this nomination our country will be changed for generations. Obama will not get another pick. I hope the repubs understand if they let Obama do this, they will start a violent revolution that cannot be stopped.

We will not be governed by the most immoral among us!!!!

The revolution started in Oregon last month. It failed.

Get used to it.

 

[Cain]

The saddest SC Justice is probably Justice Ginsburg. They were good friends.

I've seen the pictures of them vacationing together in Egypt. They were unlikely friends, but still, Kennedy must feel devastated.

 

[logger]

People are mad about Citizens United, there is now a greater than 500% support for gay marriage buy Americans, more Americans support abortion than oppose. . . . .The world has changed and you have been left behind.

You think one issue defines this? I'm one who couldn't care less about homo's have civil unions, its a lot more than that!

Half the country is right thinking, 2/3 of the states are republican. We have the House and the Senate, the country is clearly divided down the middle. Not really clear to you but people aren't going to stand by and allow the wholesale changes this court could have the power to force on people.

Personally I think its time for this country to split into smaller countries. I would do whatever it took to not be governed by socialist thinking people.

 

[foophil]

I'm confident there will be no confirmed replacement before the election. I hope to be surprised.

But, if no replacement, then is there any real threat of a 4-4 split? If I recall correctly, if there is a tie vote, the lower court ruling is upheld. Not sure yet what that might mean for the upcoming 2016 cases, but I'm sure our politicians will be considering it when they decide how to behave with regard to confirming a nominee.

I'm pretty sure the lower courts tend to be pretty liberal in their rulings, so delaying won't be much good for the republicans. There is also the good chance that a large democratic voter turnout happens and gives the Senate back to the democrats AND elects a democratic president at the same time (possibly Bernie). This would be similar to what happened when Obama was first elected. That would allow the new president to place someone rather left leaning in the seat versus a more moderate pick that Obama will likely make if there is any chance to make it through the current Senate.

I really think delaying will be worse for the republicans in the long run assuming Obama provides a moderate choice.

 

[logger]

Yes Ruth Bader Ginsburg was personal friends with Antonin Scalia. She said he was a very nice man, very warm friend and that she liked him very much. She also conceded some of his legal decisions were irrational.

I'm sure to a socialist pedophile they would be.

 

[Cain]

They're hero's.

You libs have to understand, if your given this nomination our country will be changed for generations. Obama will not get another pick. I hope the repubs understand if they let Obama do this, they will start a violent revolution that cannot be stopped.

We will not be governed by the most immoral among us!!!!

This would give Obama another opportunity to be the adult. He can point out that Republicans are already acting as obstructionists. He can say that he will appoint the most qualified person for the position. Liberals can repost all of the ridiculous things Scalia has said about the "homosexual agenda" and paint him as the dinosaur he was.

Democratic candidates have won the popular vote in five out of this country's six last presidential elections. It is long past time the country's increasing social liberalism is reflected on the Court.

 

[Skeptic Ginger]

The idea that the ratifiers of both the Constitution and the 14th amendment just somehow missed that they made same sex marriage Constitutional is risible.

It's called the Bill of Rights

http://www.billofrightsinstitute.org/founding-documents/bill-of-rights/

Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Given it's a religious argument to deny homosexuals the right to marry...

 

[Dog Town]

I find it interesting how great of friends he was with R.B.Ginsburg. Yet enemies with Sandra Day O'.

 

[logger]

This would give Obama another opportunity to be the adult. He can point out that Republicans are already acting as obstructionists. He can say that he will appoint the most qualified person for the position. Liberals can repost all of the ridiculous things Scalia has said about the "homosexual agenda" and paint him as the dinosaur he was.

Democratic candidates have won the popular vote in five out of this country's six last presidential elections. It is long past time the country's increasing social liberalism is reflected on the Court.

This will give Obama and the left a chance to whine again and the repubs to once again block his asinine agenda.

 

[Manopolus]

I'm pretty sure the lower courts tend to be pretty liberal in their rulings, so delaying won't be much good for the republicans. There is also the good chance that a large democratic voter turnout happens and gives the Senate back to the democrats AND elects a democratic president at the same time (possibly Bernie). This would be similar to what happened when Obama was first elected. That would allow the new president to place someone rather left leaning in the seat versus a more moderate pick that Obama will likely make if there is any chance to make it through the current Senate.

I really think delaying will be worse for the republicans in the long run assuming Obama provides a moderate choice.

True enough, but do you consider the current crop of Republicans rational enough to make the choice that is best for their own interests?