# Obama must be allowed to nominate the next SCOTUS Justice **URL:** \ **Category:** Great Debates\ **Created:** [February 13, 2016, 11:23pm UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061 "2016-02-13T23:23:33Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Clu-Me-In](https://avatars.discourse-cdn.com/v4/letter/c/dfb087/32.png) [@Clu-Me-In](https://boards.straightdope.com/u/Clu-Me-In)\ **Post date:** [February 13, 2016, 11:23pm UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/1 "2016-02-13T23:23:33Z")
With the unfortunate passing of Justice Scalia, if the Republicans refuse to allow Barack Obama to nominate the next Supreme Court Justice, we might as well blow up this country and start all over again with a new Constitution. ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [February 13, 2016, 11:25pm UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/2 "2016-02-13T23:25:47Z")
Ted Cruz already said the appointment should be put off until the next administration. ---
**Author:** ![boytyperanma](https://avatars.discourse-cdn.com/v4/letter/b/4491bb/32.png) [@boytyperanma](https://boards.straightdope.com/u/boytyperanma)\ **Post date:** [February 13, 2016, 11:36pm UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/3 "2016-02-13T23:36:57Z")
> [@Fear\_Itself](#): > > Ted Cruz already said the appointment should be put off until the next administration. Of course he want’s that. He can’t be both in Washington and on the campaign trail. If everyone would just agree to postpone it would be so much easier for him. ---
**Author:** ![Clu-Me-In](https://avatars.discourse-cdn.com/v4/letter/c/dfb087/32.png) [@Clu-Me-In](https://boards.straightdope.com/u/Clu-Me-In)\ **Post date:** [February 13, 2016, 11:39pm UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/4 "2016-02-13T23:39:30Z")
> [@boytyperanma](#): > > Of course he want’s that. He can’t be both in Washington and on the campaign trail. If everyone would just agree to postpone it would be so much easier for him. Why should we? That’s why we elected President Obama. ---
**Author:** ![Fiveyearlurker](https://avatars.discourse-cdn.com/v4/letter/f/da6949/32.png) [@Fiveyearlurker](https://boards.straightdope.com/u/Fiveyearlurker)\ **Post date:** [February 13, 2016, 11:41pm UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/5 "2016-02-13T23:41:35Z")
> [@Fear\_Itself](#): > > Ted Cruz already said the appointment should be put off until the next administration. So has McConnell: “The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new President." ---
**Author:** ![Clu-Me-In](https://avatars.discourse-cdn.com/v4/letter/c/dfb087/32.png) [@Clu-Me-In](https://boards.straightdope.com/u/Clu-Me-In)\ **Post date:** [February 13, 2016, 11:43pm UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/6 "2016-02-13T23:43:23Z")
McConnell is not the President nor the United States Constitution. ---
**Author:** ![TheSeaOtter](https://avatars.discourse-cdn.com/v4/letter/t/ed655f/32.png) [@TheSeaOtter](https://boards.straightdope.com/u/TheSeaOtter)\ **Post date:** [February 13, 2016, 11:43pm UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/7 "2016-02-13T23:43:54Z")
I wonder if Cruz will maintain his enthusiasm for the next president nominating a replacement for Scalia if it turns out that said president is not, in fact, him. I do think Obama will probably nominate someone (though it will probably take several months to select a nominee), not because he expects the nomination to be confirmed, but because A. it’s his job and B. when the Republicans inevitably block the nomination, it’s further evidence that their obstructionism is why government is failing to work. ---
**Author:** ![Clu-Me-In](https://avatars.discourse-cdn.com/v4/letter/c/dfb087/32.png) [@Clu-Me-In](https://boards.straightdope.com/u/Clu-Me-In)\ **Post date:** [February 13, 2016, 11:46pm UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/8 "2016-02-13T23:46:11Z")
Very true. Elections have consequences. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [February 13, 2016, 11:50pm UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/9 "2016-02-13T23:50:06Z")
> [@TheSeaOtter](#): > > I wonder if Cruz will maintain his enthusiasm for the next president nominating a replacement for Scalia if it turns out that said president is not, in fact, him. > I do think Obama will probably nominate someone (though it will probably take several months to select a nominee), not because he expects the nomination to be confirmed, but because A. it’s his job and B. when the Republicans inevitably block the nomination, it’s further evidence that their obstructionism is why government is failing to work. No way it will take several months to select a nominee. I’m sure they already have a short list, and only need to make sure their top picks haven’t done anything controversial recently. ---
**Author:** ![boytyperanma](https://avatars.discourse-cdn.com/v4/letter/b/4491bb/32.png) [@boytyperanma](https://boards.straightdope.com/u/boytyperanma)\ **Post date:** [February 13, 2016, 11:50pm UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/10 "2016-02-13T23:50:47Z")
> [@TheSeaOtter](#): > > I wonder if Cruz will maintain his enthusiasm for the next president nominating a replacement for Scalia if it turns out that said president is not, in fact, him. > I do think Obama will probably nominate someone (though it will probably take several months to select a nominee), not because he expects the nomination to be confirmed, but because A. it’s his job and B. when the Republicans inevitably block the nomination, it’s further evidence that their obstructionism is why government is failing to work. It won’t take several months to select a nominee. There will be names being floated as soon as Scalia is in the ground. A few weeks after that Obama will make an announcement. He has no reason to wait and good reason to put up a nominee. The Senate will drag it out, the more time they spend doing that the harder it will be to justify. ---
**Author:** ![Trinopus](https://avatars.discourse-cdn.com/v4/letter/t/2bfe46/32.png) [@Trinopus](https://boards.straightdope.com/u/Trinopus)\ **Post date:** [February 13, 2016, 11:51pm UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/11 "2016-02-13T23:51:09Z")
> [@TheSeaOtter](#): > > . . . I do think Obama will probably nominate someone (though it will probably take several months to select a nominee), not because he expects the nomination to be confirmed, but because A. it’s his job and B. when the Republicans inevitably block the nomination, it’s further evidence that their obstructionism is why government is failing to work. Absolutely. I wouldn’t want to be the poor schmo that gets nominted, because he or she could be a bloody goddamn saint, and still be rejected. There is zero chance of the first nominee being confirmed. It will be interesting to see how long the Senate delays the process. Will they even hold hearings, or just condemn the nominee to limbo? ---
**Author:** ![TonySinclair](https://avatars.discourse-cdn.com/v4/letter/t/49beb7/32.png) [@TonySinclair](https://boards.straightdope.com/u/TonySinclair)\ **Post date:** [February 13, 2016, 11:51pm UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/12 "2016-02-13T23:51:19Z")
> [@Clu-Me-In](#): > > With the unfortunate passing of Justice Scalia, if the Republicans refuse to allow Barack Obama to nominate the next Supreme Court Justice, we might as well blow up this country and start all over again with a new Constitution. They can’t stop Obama from nominating a justice; all they can do is refuse to hold a vote on his confirmation, and that’s exactly what they’ll do. As I just posted in the Stupid Republican thread, there’s no way to avoid that, but hopefully it will enrage the lazy Democratic electorate enough to get off their asses and go to the polls in November. ---
**Author:** ![Fiveyearlurker](https://avatars.discourse-cdn.com/v4/letter/f/da6949/32.png) [@Fiveyearlurker](https://boards.straightdope.com/u/Fiveyearlurker)\ **Post date:** [February 13, 2016, 11:52pm UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/13 "2016-02-13T23:52:16Z")
> [@Trinopus](#): > > Absolutely. I wouldn’t want to be the poor schmo that gets nominted, because he or she could be a bloody goddamn saint, and still be rejected. There is zero chance of the first nominee being confirmed. > > It will be interesting to see how long the Senate delays the process. Will they even hold hearings, or just condemn the nominee to limbo? Obama should nominate himself. Is there a wringer he hasn’t been through already? ---
**Author:** ![Fiveyearlurker](https://avatars.discourse-cdn.com/v4/letter/f/da6949/32.png) [@Fiveyearlurker](https://boards.straightdope.com/u/Fiveyearlurker)\ **Post date:** [February 13, 2016, 11:54pm UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/14 "2016-02-13T23:54:56Z")
Wasn’t Kennedy confirmed in an election year with a Republican president and an Democratic congress? Was this an issue then? ---
**Author:** ![jsc1953](https://avatars.discourse-cdn.com/v4/letter/j/5daacb/32.png) [@jsc1953](https://boards.straightdope.com/u/jsc1953)\ **Post date:** [February 13, 2016, 11:55pm UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/15 "2016-02-13T23:55:40Z")
Is there a precedent — has a SCOTUS vacancy ever come up during an election year? ---
**Author:** ![jasg](https://avatars.discourse-cdn.com/v4/letter/j/f0a364/32.png) [@jasg](https://boards.straightdope.com/u/jasg)\ **Post date:** [February 14, 2016, 12:06am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/16 "2016-02-14T00:06:36Z")
> [@jsc1953](#): > > Is there a precedent — has a SCOTUS vacancy ever come up during an election year? i just ran across this. > **[SCOTUS Vacancies During an Election Year](http://fallcreekrenovation.blogspot.com/2016/02/scotus-vacancies-during-election-year.html)** > > SCOTUS Justice Scalia died earlier today. One of the first CBS Online interviews was a CATO Institute blogger who claimed it was unpreced... ---
**Author:** ![Bone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bone/32/407_2.png) [@Bone](https://boards.straightdope.com/u/Bone)\ **Post date:** [February 14, 2016, 12:07am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/17 "2016-02-14T00:07:27Z")
> [@jsc1953](#): > > Is there a precedent — has a SCOTUS vacancy ever come up during an election year? Abe Fortas was nominated by Johnson in 1968 to be chief justice. The nomination ultimately failed and Nixon nominated Burger. ---
**Author:** ![JKellyMap](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jkellymap/32/15880_2.png) [@JKellyMap](https://boards.straightdope.com/u/JKellyMap)\ **Post date:** [February 14, 2016, 12:08am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/18 "2016-02-14T00:08:38Z")
> [@jsc1953](#): > > Is there a precedent — has a SCOTUS vacancy ever come up during an election year? I would guess 25% of them have, give or take. ---
**Author:** ![JKellyMap](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jkellymap/32/15880_2.png) [@JKellyMap](https://boards.straightdope.com/u/JKellyMap)\ **Post date:** [February 14, 2016, 12:12am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/19 "2016-02-14T00:12:28Z")
> [@jasg](#): > > i just ran across this. > [Sociologist in Fall Creek Place: SCOTUS Vacancies During an Election Year](http://fallcreekrenovation.blogspot.com/2016/02/scotus-vacancies-during-election-year.html) Nice, thanks. Any math geeks out there to tell us how far outside the 25% figure this puts things? I guess it’s not entirely relevant, though – death can come at any time, but retirements are under some human control. ---
**Author:** ![Voyager](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/voyager/32/133_2.png) [@Voyager](https://boards.straightdope.com/u/Voyager)\ **Post date:** [February 14, 2016, 12:17am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/20 "2016-02-14T00:17:22Z")
> [@Bone](#): > > Abe Fortas was nominated by Johnson in 1968 to be chief justice. The nomination ultimately failed and Nixon nominated Burger. But the nomination didn’t fail because of the Republicans delaying things, but due to problems with Fortas. I don’t recall Republicans proposing that the nomination be postponed. [Next page](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061.md?page=2)