# This election has just changed, Justice Scalia has died **URL:** \ **Category:** Politics & Elections\ **Created:** [February 13, 2016, 10:12pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052 "2016-02-13T22:12:00Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\ **Post date:** [February 13, 2016, 10:12pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/1 "2016-02-13T22:12:00Z")
The Supreme Court is now a major issue in the election. I wonder if Obama can get a new Justice through the Senate before November? ---
**Author:** ![Sherrerd](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sherrerd/32/8_2.png) [@Sherrerd](https://boards.straightdope.com/u/Sherrerd)\ **Post date:** [February 13, 2016, 10:19pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/2 "2016-02-13T22:19:06Z")
OMG. Condolences to his family. ---
**Author:** ![SlackerInc](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slackerinc/32/275_2.png) [@SlackerInc](https://boards.straightdope.com/u/SlackerInc)\ **Post date:** [February 13, 2016, 10:19pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/3 "2016-02-13T22:19:39Z")
Holy shit, and hot damn. ---
**Author:** ![Simplicio](https://avatars.discourse-cdn.com/v4/letter/s/c37758/32.png) [@Simplicio](https://boards.straightdope.com/u/Simplicio)\ **Post date:** [February 13, 2016, 10:19pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/4 "2016-02-13T22:19:53Z")
Wow. I can’t imagine the Senate will let someone through before January. ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [February 13, 2016, 10:20pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/5 "2016-02-13T22:20:25Z")
> [@dalej42](#): > > The Supreme Court is now a major issue in the election. I wonder if Obama can get a new Justice through the Senate before November? I think there’s very little chance – the Republican controlled Senate probably won’t allow any Obama nominee. This will be absolutely enormous as far as the Presidential election. ---
**Author:** ![Sampiro](https://avatars.discourse-cdn.com/v4/letter/s/2acd7d/32.png) [@Sampiro](https://boards.straightdope.com/u/Sampiro)\ **Post date:** [February 13, 2016, 10:20pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/6 "2016-02-13T22:20:35Z")
Replacing him is going to be a bloodbath. ---
**Author:** ![Jonathan\_Chance](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jonathan_chance/32/701_2.png) [@Jonathan\_Chance](https://boards.straightdope.com/u/Jonathan_Chance)\ **Post date:** [February 13, 2016, 10:21pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/7 "2016-02-13T22:21:56Z")
Can’t argue. Not a bit. But Obama nominates someone and the Senate refuses to vote up or down and it’s an actual honest-to-God explosive campaign issue. Holy crap. I always thought he’d have to be carried out feet first. Even if I disagreed with him - and I did, God knows - he sure seemed to enjoy the role. ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [February 13, 2016, 10:23pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/8 "2016-02-13T22:23:58Z")
> [@Jonathan\_Chance](#): > > Holy crap. I always thought he’d have to be carried out feet first. And so he was. ---
**Author:** ![Sherrerd](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sherrerd/32/8_2.png) [@Sherrerd](https://boards.straightdope.com/u/Sherrerd)\ **Post date:** [February 13, 2016, 10:24pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/9 "2016-02-13T22:24:15Z")
> [@iiandyiiii](#): > > I think there’s very little chance – the Republican controlled Senate probably won’t allow any Obama nominee. This will be absolutely enormous as far as the Presidential election. Yes and yes. My views on the Democratic nomination were always centered on the power to appoint Justices; I am hoping that this development (and again, I don’t mean to seem disrespectful to the man’s family) will bring home to all Democrats that electability is absolutely crucial. ---
**Author:** ![Jonathan\_Chance](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jonathan_chance/32/701_2.png) [@Jonathan\_Chance](https://boards.straightdope.com/u/Jonathan_Chance)\ **Post date:** [February 13, 2016, 10:24pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/10 "2016-02-13T22:24:22Z")
[http://www.mysanantonio.com/news/us-world/article/Senior-Associate-Justice-Antonin-Scalia-found-6828930.php](http://www.mysanantonio.com/news/us-world/article/Senior-Associate-Justice-Antonin-Scalia-found-6828930.php) ---
**Author:** ![Simplicio](https://avatars.discourse-cdn.com/v4/letter/s/c37758/32.png) [@Simplicio](https://boards.straightdope.com/u/Simplicio)\ **Post date:** [February 13, 2016, 10:24pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/11 "2016-02-13T22:24:23Z")
> [@iiandyiiii](#): > > I think there’s very little chance – the Republican controlled Senate probably won’t allow any Obama nominee. This will be absolutely enormous as far as the Presidential election. So the new Senate is seated before the new president. I imagine the optics would be bad enough that no one would try it, but out of random curiousity, if a Dem Senate and GOP president was elected, could Obama wait until January 5th, appoint a new Justice and have the Senate approve before Jan 21st? ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [February 13, 2016, 10:24pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/12 "2016-02-13T22:24:31Z")
Before January, actually. He’s still President even after the election. And he certainly _should_ be able to get a new justice through in nearly a year, but the Republicans in the Senate will have a very strong motivation to obstruct him. On the other hand, that would put Republican obstructionism in the headlines continually until the election, which is not something they want, either. And obstruction wouldn’t even do any good, if a Democrat should win the Presidential election, which looks more likely than not by any objective measure. I think their only sane move is to let him do his job and nominate someone, as quickly as practical so it’s forgotten by November. In other words, I have no idea what they’ll do. ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [February 13, 2016, 10:26pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/13 "2016-02-13T22:26:09Z")
The impact of this on the election probably can’t be downplayed. I’m 99% sure that Obama’s team has a list somewhere just in this type of occurrence; they might start playing with names as soon as next week, citing the need for the important work of the SC to go forward. So what happens when he nominates someone? Does the Senate do nothing, or hold a vote (that almost certainly rejects the nominee), or do some other procedural move? Do they allow Rubio and Cruz (and Sanders, for that matter) to ask questions of the nominee (which would assuredly be a political circus)? Very, very interesting stuff. ---
**Author:** ![GIGObuster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gigobuster/32/421_2.png) [@GIGObuster](https://boards.straightdope.com/u/GIGObuster)\ **Post date:** [February 13, 2016, 10:26pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/14 "2016-02-13T22:26:32Z")
> [@iiandyiiii](#): > > I think there’s very little chance – the Republican controlled Senate probably won’t allow any Obama nominee. This will be absolutely enormous as far as the Presidential election. Indeed, you just know that the Republicans will not be able to not step on their dicks and will constantly remind all Americans before the election about how obstructionists they are. ---
**Author:** ![Wesley\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wesley_clark/32/20581_2.png) [@Wesley\_Clark](https://boards.straightdope.com/u/Wesley_Clark)\ **Post date:** [February 13, 2016, 10:26pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/15 "2016-02-13T22:26:53Z")
If Obama appoints a liberal justice, that means a 5-3 advantage for liberals with 1 swing vote. ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [February 13, 2016, 10:27pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/16 "2016-02-13T22:27:13Z")
> [@Simplicio](#): > > Wow ( > > I can’t imagine the Senate will let someone through before January. Until Scalia is replaced, the SCOTUS will consist of four justices appointed by Republican presidents (Roberts, Kennedy, Thomas, Alito) and four appointed by Democrats (Ginsburg, Breyer, Sotomayor, Kagan). Watch for a year of gridlock. ---
**Author:** ![Shalmanese](https://avatars.discourse-cdn.com/v4/letter/s/45deac/32.png) [@Shalmanese](https://boards.straightdope.com/u/Shalmanese)\ **Post date:** [February 13, 2016, 10:27pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/17 "2016-02-13T22:27:28Z")
> [@Sherrerd](#): > > I am hoping that this development will bring home to all Democrats that electability is absolutely crucial. I think the more interesting question is how this affects the Republican calculus and whether electability becomes a more important criteria. As much noise has been made, Clinton was always the strong favorite to become the nominee. However, will this cause a sapping of Trump support in favor of more establishment candidates? I think it’s anyone’s guess at this point. ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [February 13, 2016, 10:30pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/18 "2016-02-13T22:30:04Z")
> [@Chronos](#): > > Before January, actually. He’s still President even after the election. > > And he certainly _should_ be able to get a new justice through in nearly a year, but the Republicans in the Senate will have a very strong motivation to obstruct him. On the other hand, that would put Republican obstructionism in the headlines continually until the election, which is not something they want, either. And obstruction wouldn’t even do any good, if a Democrat should win the Presidential election, which looks more likely than not by any objective measure. > > I think their only sane move is to let him do his job and nominate someone, as quickly as practical so it’s forgotten by November. In other words, I have no idea what they’ll do. I think there’s almost no chance of this. Can you imagine the political blowback to Republican leadership from their own base if they “roll over” (at least as far as the base is concerned) to an Obama nominee? It would make the current Republican disdain for the “establishment” look like a child’s tantrum compared to an enraged elephant. Politically, to appease their own base of support, I think the Republican leadership has no choice but to oppose any possible nominee from Obama. ---
**Author:** ![Jonathan\_Chance](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jonathan_chance/32/701_2.png) [@Jonathan\_Chance](https://boards.straightdope.com/u/Jonathan_Chance)\ **Post date:** [February 13, 2016, 10:31pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/19 "2016-02-13T22:31:02Z")
> [@Wesley\_Clark](#): > > If Obama appoints a liberal justice, that means a 5-3 advantage for liberals with 1 swing vote. Right this second it means that we’re looking at a 4-3 with 1 swing D advantage. Interesting times for the docket this year. What happens to anything they’ve already heard? Is Scalia’s vote nullified? ---
**Author:** ![Aperez77](https://avatars.discourse-cdn.com/v4/letter/a/ed655f/32.png) [@Aperez77](https://boards.straightdope.com/u/Aperez77)\ **Post date:** [February 13, 2016, 10:33pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/20 "2016-02-13T22:33:14Z")
The President never has much trouble nominating whoever he wants. [Next page](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052.md?page=2)