Be interesting to see what sort of appointment to the court the Republican majorities in Congress express a willingness to accept. I doubt Congress is going to accept any nomination but someone who makes Scalia look like a moderate.
I'm not sure how you could find such a person, but as I recall American Supreme Court justices don't have to be judges or lawyers or anything prior to their appointment. Obama could in principle nominate Beyoncé. I might be tempted to try that in his place, just to see how many members of congress are carried off by aneurysms.
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bruce munro (from livejournal.com)2016-02-14 01:47 am (UTC)(link)
Cruz and Rubio are already calling for Obama to leave the seat vacant and let the next President fill it (even though that would be the longest vacancy in court history by more than a 100% margin -- but then Cruz has already shown that he doesn't care about keeping the government functioning).
Mitch McConnell has already stated the answer is "nobody". He's going to try to block all votes on a replacement for the remainder of Obama's term, because "the American people should have a say" in the nomination.
In other words, he's pretty much implying that Obama is not the legitimate President.
Meanwhile, Obama just made a brief announcement that he will make an appointment and expects them to do their jobs as well.
And the Very Serious Republican consensus seems to be gathering that Obama should hold off nominating anybody, for the sake of bipartisanship and healing and the good of the country and yadda yadda.
I'm sitting here trying to decide if, should a Democrat win in November, they'll try to keep the seat vacant until 2021. If they keep going and Ruth Bader Ginsburg or Stephen Breyer dies, they get a 4-3 majority back.
One suggestion going around is Bush appointee John E. Jones III. He may have been put on the bench by Bush the Younger, but is now better known for Kitzmiller v. Dover[1] and Whitewood v. Wolf[2].
[1] Teaching "intelligent design" is the same as teaching creationism, and as such violates the Establishment clause.
[2] Striking down Pennsylvania's ban on same sex marriage.
The WashPost noted today that by opposing an Obama nominee unreservedly, the Senate republicans have shot themselves in the foot; the state appeals courts mostly lean liberal, and a split supreme court ruling leaves the appeal court ruling that was escalated to them in place, so for the most part a slew of liberal state-level verdicts will be upheld.
Personally I think the best outcome is for them to stonewall angrily ... until Hilary's inauguration, at which point HRC can nominate Barack H. Obama to the Supreme Court. There's precedent: he's a noted constitutional scholar, and wouldn't be the first President to end up there ...
I don't celebrate death. That said, Scalia was a contemptible piece of work. Having been appointed at the high of Reagan's popularity, with a Republican senate that gave very little vetting to his nomination and prior to the dramatic rise in senate cloture motions, Scalia was rubber stamped without true vetting. He then went on to be the uninformed right-wing and reactionary seat on the court, his principles dictated mainly by what would best uphold "conservative tradition" at the time, and often being scathingly insulting to his fellow justices when they disagreed with him.
Even should his replacement be delayed, and a Republican become president, there is very little chance a modern version of Scalia could be appointed. The court will be moved sharply to the left by his absence.
I won't say I was celebrating last night, but I WAS drinking a lot of "Scalzi's Tears":
Scalzi's Tears (Courtesy of KathrynT on Metaflter 2 ounces rye whiskey 1/4 ounce Fernet Branca 1/4 ounce Grand Marnier or Cointreau A few splashes of water or soda Serve on the rocks, garnished with a miniature rainbow flag
It's a bitter, Italian Old Fashioned made with sweet, spicy American whiskey.
Edited 2016-02-14 23:20 (UTC)
Saw a great Tweet about this...
mike giroux (from livejournal.com)2016-02-15 07:51 pm (UTC)(link)
Justice Wainwright @JusticeBlaine Feb 13 Antonin #Scalia requested cremation in his will, but millions of women will meet tomorrow to discuss if that's really best for his body.
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I'm not sure how you could find such a person, but as I recall American Supreme Court justices don't have to be judges or lawyers or anything prior to their appointment. Obama could in principle nominate Beyoncé. I might be tempted to try that in his place, just to see how many members of congress are carried off by aneurysms.
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In other words, he's pretty much implying that Obama is not the legitimate President.
Meanwhile, Obama just made a brief announcement that he will make an appointment and expects them to do their jobs as well.
And the Very Serious Republican consensus seems to be gathering that Obama should hold off nominating anybody, for the sake of bipartisanship and healing and the good of the country and yadda yadda.
I'm sitting here trying to decide if, should a Democrat win in November, they'll try to keep the seat vacant until 2021. If they keep going and Ruth Bader Ginsburg or Stephen Breyer dies, they get a 4-3 majority back.
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[1] Teaching "intelligent design" is the same as teaching creationism, and as such violates the Establishment clause.
[2] Striking down Pennsylvania's ban on same sex marriage.
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Personally I think the best outcome is for them to stonewall angrily ... until Hilary's inauguration, at which point HRC can nominate Barack H. Obama to the Supreme Court. There's precedent: he's a noted constitutional scholar, and wouldn't be the first President to end up there ...
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That's the best I can do, sorry.
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Even should his replacement be delayed, and a Republican become president, there is very little chance a modern version of Scalia could be appointed. The court will be moved sharply to the left by his absence.
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There's always a bottom below.
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Scalzi's Tears (Courtesy of KathrynT on Metaflter
2 ounces rye whiskey
1/4 ounce Fernet Branca
1/4 ounce Grand Marnier or Cointreau
A few splashes of water or soda
Serve on the rocks, garnished with a miniature rainbow flag
It's a bitter, Italian Old Fashioned made with sweet, spicy American whiskey.
Saw a great Tweet about this...
Justice Wainwright @JusticeBlaine Feb 13
Antonin #Scalia requested cremation in his will, but millions of women will meet tomorrow to discuss if that's really best for his body.