# 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:** 3
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [February 14, 2016, 12:58am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/41 "2016-02-14T00:58:21Z")
> [@Procrustus](#): > > 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. I’m sure every POTUS keeps a short list of potential SCOTUS nominees on file at all times, updated periodically. ---
**Author:** ![jsc1953](https://avatars.discourse-cdn.com/v4/letter/j/5daacb/32.png) [@jsc1953](https://boards.straightdope.com/u/jsc1953)\ **Post date:** [February 14, 2016, 1:03am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/42 "2016-02-14T01:03:30Z")
From Wikipedia…the list of justices whose term ended during an election year: Oliver Ellsworth 1800 Alfred Moore 1804 Robert Trindle 1828\* Henry Baldwin 1844\* Roger Taney 1864\* Peter Daniel 1860\* John McKinley 1852\* Samuel Nelson 1872 William Strong 1880 Joseph Bradley 1892\* Morrison Waite 1888\* Oliver Wendell Holmes 1932 Charles Evans Hughes 1916 Joseph Lamar 1916\* Sherman Minton 1956 Antonin Scalia 2016\* Now, to see how their vacancies were filled… - = died while serving on the bench, therefore the most relevant. ---
**Author:** ![GulfTiger](https://avatars.discourse-cdn.com/v4/letter/g/e79b87/32.png) [@GulfTiger](https://boards.straightdope.com/u/GulfTiger)\ **Post date:** [February 14, 2016, 1:04am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/43 "2016-02-14T01:04:07Z")
> [@Frank](#): > > Sure. Will they do so promptly? Or will they sit on their ass and not vote for the next year? That’s the issue here. There is nothing in the Constitution that says they can’t sit on their asses. So, I guess it is totally between them and the people who elect them as to what is fair. ---
**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\ **Post date:** [February 14, 2016, 1:22am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/44 "2016-02-14T01:22:35Z")
> [@Richard\_Parker](#): > > Cite? > > Also, a majority alone does not make it moot. It sure does. All Shumer has to do is exercise the nuclear option (which should have been done long ago) and even a 50-50 tie goes Dem. Screw the Republicans and the horse they rode in on. Since they have shown zero interest in actually governing, preferring to pout and mope about because the President is black, they should be cut zero slack in anything, ever. Fuck all of them and their 18th century opinions. ---
**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\ **Post date:** [February 14, 2016, 1:23am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/45 "2016-02-14T01:23:59Z")
> [@silenus](#): > > It sure does. All Shumer has to do is exercise the nuclear option (which should have been done long ago) and even a 50-50 tie goes Dem. > > Screw the Republicans and the horse they rode in on. Since they have shown zero interest in actually governing, preferring to pout and mope about because the President is black, they should be cut zero slack in anything, ever. Fuck all of them and their 18th century opinions. Well, no. Schumer doesn’t do that on his own. He needs 50 votes. He probably does not have. ---
**Author:** ![coremelt](https://avatars.discourse-cdn.com/v4/letter/c/4491bb/32.png) [@coremelt](https://boards.straightdope.com/u/coremelt)\ **Post date:** [February 14, 2016, 1:26am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/46 "2016-02-14T01:26:52Z")
> [@GulfTiger](#): > > There is nothing in the Constitution that says they can’t sit on their asses. Sure but if they do then as Ravenman said above, the President should call Senate back from Recess every single time until they vote. POTUS has some constitutional tricks he can play as well. > **[Special session](https://en.wikipedia.org/wiki/Special_session)** > > In a legislature, a special session (also extraordinary session) is a period when the body convenes outside of the normal legislative session. This most frequently occurs in order to complete unfinished tasks for the year (often delayed by conflict between political parties), such as outlining the government's budget for the next fiscal year, biennium, or other period. Special sessions may also be called during an economic downturn in order to cut the budget. In other cases, a special session ma... ---
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [February 14, 2016, 1:28am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/47 "2016-02-14T01:28:40Z")
> [@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) That glides over what may be the most significant precedent. In 1968 [Lyndon Johnson nominated Abe Fortas to be Chief Justice.](https://en.wikipedia.org/wiki/Abe_Fortas#Nomination_to_be_Chief_Justice) Republicans and conservative Democrats did their best to block the nomination, including a filibuster. In retrospect Fortas, with his ethics problems, probably wasn’t Johnson’s best choice. In any case, Fortas asked for his nomination to be withdrawn, Republicans ran the clock out, Johnson’s term ended and Richard Nixon got to pick the next Chief Justice. ---
**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\ **Post date:** [February 14, 2016, 1:42am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/48 "2016-02-14T01:42:34Z")
CNN just announced that Obama intends to nominate a replacement justices; POTUS is addressing the nation now. ---
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [February 14, 2016, 1:47am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/49 "2016-02-14T01:47:36Z")
> [@kunilou](#): > > That glides over what may be the most significant precedent. In 1968 [Lyndon Johnson nominated Abe Fortas to be Chief Justice.](https://en.wikipedia.org/wiki/Abe_Fortas#Nomination_to_be_Chief_Justice) Republicans and conservative Democrats did their best to block the nomination, including a filibuster. Yes, in October, one month before the election. But they didn’t block him because they thought it was unethical for Johnson to nominate him so late in the election. They blocked him because he was unethical. ---
**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\ **Post date:** [February 14, 2016, 1:50am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/50 "2016-02-14T01:50:01Z")
> [@Richard\_Parker](#): > > Well, no. Schumer doesn’t do that on his own. He needs 50 votes. He probably does not have. He will in November. 😃 ---
**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\ **Post date:** [February 14, 2016, 1:52am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/51 "2016-02-14T01:52:17Z")
> [@silenus](#): > > He will in November. 😃 I doubt it. I’m not talking about having 50 dems. I’m talking about 50 dems willing to use the nuclear option. That’s very unlikely. In fact, I think getting 60 dems is more likely than getting 50 who will use the nuclear option. ---
**Author:** ![Ethilrist](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ethilrist/32/4604_2.png) [@Ethilrist](https://boards.straightdope.com/u/Ethilrist)\ **Post date:** [February 14, 2016, 1:56am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/52 "2016-02-14T01:56:33Z")
> [@Fiveyearlurker](#): > > Obama should nominate himself. Is there a wringer he hasn’t been through already? Well, that’d be one way to guarantee they hold off on confirming until next year… ---
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [February 14, 2016, 2:14am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/53 "2016-02-14T02:14:19Z")
> [@Frank](#): > > Yes, in October, one month before the election. But they didn’t block him because they thought it was unethical for Johnson to nominate him so late in the election. They blocked him because he was unethical. IMHO first they opposed him, then they found a reason to oppose him. Fortas simply gave them a reason. ---
**Author:** ![GulfTiger](https://avatars.discourse-cdn.com/v4/letter/g/e79b87/32.png) [@GulfTiger](https://boards.straightdope.com/u/GulfTiger)\ **Post date:** [February 14, 2016, 2:21am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/54 "2016-02-14T02:21:04Z")
> [@kunilou](#): > > IMHO first they opposed him, then they found a reason to oppose him. Fortas simply gave them a reason. Well yeah, the Constitution has no hard deadline, so delay can go on indefinitely for any number of subjective reasons. The electorate is the ultimate key but it is sharply divided. In the 1960s the mainstream media had a huge influence, but today they are watered down by social media. These are interesting times. ---
**Author:** ![Pearl\_Clutching\_Provocateur](https://avatars.discourse-cdn.com/v4/letter/p/c68b51/32.png) [@Pearl\_Clutching\_Provocateur](https://boards.straightdope.com/u/Pearl_Clutching_Provocateur)\ **Post date:** [February 14, 2016, 2:43am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/55 "2016-02-14T02:43:08Z")
> [@GulfTiger](#): > > the Constitution has no hard deadline, so delay can go on indefinitely for any number of subjective reasons. Ironically, Obama should take it to the Supreme Court and see what they rule. 😃 ---
**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, 2:51am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/56 "2016-02-14T02:51:00Z")
Re:my earlier query – I didn’t realize until now that SCOTUS justices retire much more often than they die in office. So, my 25% estimate for election-year vacancies is withdrawn. (Including Scalia, only three deaths in office at all in the last 70 years.) ---
**Author:** ![Ethilrist](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ethilrist/32/4604_2.png) [@Ethilrist](https://boards.straightdope.com/u/Ethilrist)\ **Post date:** [February 14, 2016, 2:51am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/57 "2016-02-14T02:51:22Z")
> [@Pearl\_Clutching\_Provocateur](#): > > Ironically, Obama should take it to the Supreme Court and see what they rule. 😃 Oh, don’t be silly… that would take _years…_ ---
**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\ **Post date:** [February 14, 2016, 3:05am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/58 "2016-02-14T03:05:59Z")
Of course he’s going to nominate someone promptly - and he should. As should a Repub if he were in a similar situation. Obama is the president. Nominating Supremes is one of the most influential things they get to do. People in power do not readily forego exercising their authority. This is one situation in which they ought not do so. Will be interesting to see who he nominates. Maybe time for another Justice Warren? 😃 ---
**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 14, 2016, 3:19am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/59 "2016-02-14T03:19:26Z")
> [@Jackmannii](#): > > Yep. It would be a strategically terrible move, as long as Obama comes up with a halfway decent candidate.I’m sure you’re sincere with this sentiment, but for some reason I’m getting an image of Snoopy doing his happy dance. :dubious: Actually, I did like like him as a Justice because, I never for once felt his decisions were political. He really did like interpreting the law per the US Constitution. ---
**Author:** ![astorian](https://avatars.discourse-cdn.com/v4/letter/a/ad7895/32.png) [@astorian](https://boards.straightdope.com/u/astorian)\ **Post date:** [February 14, 2016, 3:27am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/60 "2016-02-14T03:27:29Z")
Obama has an easy task, because Scalia was by far the most conservative justice. Hence, if he nominates a socially liberal but pro-business judge, the Court STILL moves way to the left, and enough business wing Republican senators would be mollified to get his selection through. This will only be a battle if Obama makes it one. He can appoint a David Souter type and get 90% of what the Left wants. He’s an idiot if he tries to go farther left than that. [Previous page](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061.md?page=2) [Next page](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061.md?page=4)