Reports that Justice Scalia has died

My condolences to Justice Scalia’s friends and family. This thread seems a bit mean-spirited, and I don’t want to pile on. I will say though that I wish his last act hadn’t been delaying for at least a year carbon regulations on power plants. That’s going to cost us all dearly.

Mitch Mconnell has already said that the country should leave the seat vacant until after a new president is seated.

His last act was denying the stay of execution of a man on death row.

I’ve been saying for a year now that the most important thing in the next election is who gets to pick the next Supreme Court justices. Ruth Bader Ginsburg is a goddess, but she’s not immortal.

The great thing about the timing of Scalia’s death is that it puts the choice in all the headlines. The longer the Senate drags their feet, the longer this issue drags out in the public eye - the longer it has to piss people off with their high-profile obstructionism.

He would, of course, have felt exactly the same way if Scalia had died in the last year of the Bush presidency.

There are several other very old members of the Supreme Court. It’s expected that the next President might have multiple vacancies to fill. I don’t think there is much value in waiting specifically to hope for an easier Congress.

CNN and Fox News both report that sources in the White House say Obama intends to nominate someone. If it’s a good nominee, then Congress can:

  • Allow the nominee through
  • Vote against the nominee
  • Refuse to vote

The second and third option both could be politically charged for talking points during the election…obstructionist government, etc.

Yes, but it will be no precedent.

I would dance on his grave. And I will not offer condolences.

That was my thinking. Seems ridiculous anyone would think it’s OK to cockblock a new nomination for almost a full year due to politics. I think the eons-long election fever makes people feel like we’ll be getting a new president sooner than we really will. It’s still a long time until the next inauguration.

I’ve long had a different verb in mind for that sentence…

They’ve already blocked lots of lower level appointments for longer than that.

John Tyler had Smith Thompson die on December 21, 1843, and Henry Baldwin die on April 21, 1844. Tyler was able to have Samuel Nelson confirmed by the Senate on February 14, 1845 (Happy Valentine’s Day to Justice Nelson). The remaining seat was filled by James Polk’s nomination of Robert Grier, which was confirmed on August 4, 1846.

Assuming Nelson took Thompson’s spot, that’s 14 months, and assuming Grier took Baldwin’s spot, that’s 29 months (!). (If you do it the other way around, it’s 10 months and 32 months).

Either way, almost three years without a full complement on the court. Wow.

The President said that he plans to nominate a successor to Scalia. So anyone know the names of any possible nominees?

Sri Srinivasan seems to be the most common name mentioned.

The dancing occurs in the loooooooog line waiting for your turn.

Option 3 being the worst possible option.

Based on a quick reading of his Wikipedia biography, he looks good. He worked in the solicitor general’s office during the Bush administration and clerked for Sandra Day O’Connor, so perhaps he might be seen as not too liberal?

Yes, widely seen as the kind of choice that could make it through a GOP Senate.

He was also confirmed to the DC Circuit bench by 97-0, which SHOULD (in a world in which one of the major parties and their base aren’t batshit insane) make it hard for the Senate GOP to argue that he’s not qualified.

The first page (and maybe more) of comments for that video are nearly all about Scalia.

The Onion headline. Yes, I laughed.