# 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:** 12
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [February 16, 2016, 2:30pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/221 "2016-02-16T14:30:51Z")
Yeah, he would never be a REpublican nominee, but unions don’t seem to like him and he worked in Republican administrations as well as Democratic. His ideology would be a bit unpredictable like Souter’s. ---
**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 16, 2016, 3:27pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/222 "2016-02-16T15:27:22Z")
> [@adaher](#): > > Yeah, he would never be a REpublican nominee, but unions don’t seem to like him and he worked in Republican administrations as well as Democratic. His ideology would be a bit unpredictable like Souter’s. I hope that’s how it plays in public, but I don’t think it’s true. Srinivasan worked for two years arguing Supreme Court cases for the Obama administration. They certainly know his views far better than Bush knew Souter’s, as Souter was pretty unknown to anyone outside New Hampshire at the time of his appointment. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [February 16, 2016, 3:33pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/223 "2016-02-16T15:33:44Z")
Just a thought. Suppose Sanders wins in November. How quickly would the Senate confirm Obama’s left-of-center nominee to avoid a Sander’s sure-to-be-a-socialist nominee? ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [February 16, 2016, 4:12pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/224 "2016-02-16T16:12:59Z")
Depends a lot on the makeup of the incoming senate. Given a D incoming senate the lame duck current senate would be assholes & elbows to get Obama’s pick seated ASAP. Given an R (or better yet a more-R) incoming senate they’d probably double-down on obstructionism. The People have spoken; they want no liberalism evar. Etc. ---
**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\ **Post date:** [February 16, 2016, 5:35pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/225 "2016-02-16T17:35:47Z")
There’s a piece at 538 titled, “Obama Won’t Be Able To Replace Scalia With A Justice As Liberal As Sotomayor.” We knew that, guys, we really did. We were wondering whether Obama would be able to replace Scalia with _anyone_. ---
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [February 16, 2016, 6:21pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/226 "2016-02-16T18:21:24Z")
I’m uninformed on a question, but rather than using the traditional approach of posting an ill-informed opinion and awaiting a sneering response, I’ll just ask it: what _has_ to happen? If Obama nominates a candidate, is anyone legally compelled to act? Can they simply stand about with their hands in their pockets, whistling, and pretending not to have noticed? ---
**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 16, 2016, 6:25pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/227 "2016-02-16T18:25:18Z")
> [@elucidator](#): > > Can they simply stand about with their hands in their pockets, whistling, and pretending not to have noticed? In other words, a typical day in the Republican Senate. ---
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [February 16, 2016, 6:32pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/228 "2016-02-16T18:32:47Z")
OK, so the President writes a letter saying “I nominate Eric Holder”. Who is it delivered to? My guess would be the Chair of the Senate Judiciary Committee. Who might be expected to schedule hearings to discuss how this nomination would destroy the Republic. But do they have to, is there a rule or law in place that compels them? ---
**Author:** ![Fiveyearlurker](https://avatars.discourse-cdn.com/v4/letter/f/da6949/32.png) [@Fiveyearlurker](https://boards.straightdope.com/u/Fiveyearlurker)\ **Post date:** [February 16, 2016, 6:40pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/229 "2016-02-16T18:40:45Z")
> [@2ManyTacos](#): > > If the senators start mandating that the ideological makeup of the Court has to hew to 5-4 GOP/Dem nominations, then the Court will just systematically dwindle in number until Sotomayor decides all of the cases herself. It’s sort of like the nerdier version of Highlander. ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [February 16, 2016, 7:17pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/230 "2016-02-16T19:17:25Z")
> [@elucidator](#): > > OK, so the President writes a letter saying “I nominate Eric Holder”. Who is it delivered to? My guess would be the Chair of the Senate Judiciary Committee. Who might be expected to schedule hearings to discuss how this nomination would destroy the Republic. But do they have to, is there a rule or law in place that compels them? This was addressed in some of the other threads (!) on Scalia’s replacement. In short there’s nothing beyond tradition, sense of continuity with history, and some sense of duty or shame or pride in country forcing the senate to do anything. Ever. If there was something written which required action, it’d be within the senate rules which the senate may change on a simple majority vote at any time. Ultimately the government (any government) can only function when all parties play by most of the unwritten, as well as most of the written, rules at least most of the time. Nothing in the NFL’s football rulebook prohibits snipers in the stands, or real live buffalo playing the offensive line. But either would be an effective tactic to change the outcome of a game. ---
**Author:** ![lance\_strongarm](https://avatars.discourse-cdn.com/v4/letter/l/87869e/32.png) [@lance\_strongarm](https://boards.straightdope.com/u/lance_strongarm)\ **Post date:** [February 16, 2016, 7:29pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/231 "2016-02-16T19:29:16Z")
> [@LSLGuy](#): > > The R base agrees almost unanimously that all non-white non-men are unqualified to any government position. I mean, come on. Race-baiting nonsense like this doesn’t help. ---
**Author:** ![lance\_strongarm](https://avatars.discourse-cdn.com/v4/letter/l/87869e/32.png) [@lance\_strongarm](https://boards.straightdope.com/u/lance_strongarm)\ **Post date:** [February 16, 2016, 7:30pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/232 "2016-02-16T19:30:52Z")
> [@elucidator](#): > > I’m uninformed on a question, but rather than using the traditional approach of posting an ill-informed opinion and awaiting a sneering response, I’ll just ask it: what _has_ to happen? If Obama nominates a candidate, is anyone legally compelled to act? Can they simply stand about with their hands in their pockets, whistling, and pretending not to have noticed? Sure. They do that all the time with other nominations. Sometimes nominees drop out in frustration. The difference here is that people are going to notice, and maybe even get mad about it, and maybe even get mad enough to do something about it. ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [February 16, 2016, 7:43pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/233 "2016-02-16T19:43:56Z")
> [@elucidator](#): > > OK, so the President writes a letter saying “I nominate Eric Holder”. Who is it delivered to? My guess would be the Chair of the Senate Judiciary Committee. Who might be expected to schedule hearings to discuss how this nomination would destroy the Republic. But do they have to, is there a rule or law in place that compels them? Or he could nominate Sen. Amy Klobuchar, who just happens to be a ranking minority member of that Senate Judiciary Committee. Then they could hold hearings to intervies this person who’s been sitting next to them on the committee for several years, and vote either to promote her to the Supreme Court, or to keep working with her for several more years. (Presumably, she would vote in favor of herself – only 50 more votes needed!) ---
**Author:** ![lance\_strongarm](https://avatars.discourse-cdn.com/v4/letter/l/87869e/32.png) [@lance\_strongarm](https://boards.straightdope.com/u/lance_strongarm)\ **Post date:** [February 16, 2016, 7:46pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/234 "2016-02-16T19:46:40Z")
> [@t-bonham@scc.net](#): > > Or he could nominate Sen. Amy Klobuchar, who just happens to be a ranking minority member of that Senate Judiciary Committee. Then they could hold hearings to intervies this person who’s been sitting next to them on the committee for several years, and vote either to promote her to the Supreme Court, or to keep working with her for several more years. (Presumably, she would vote in favor of herself – only 50 more votes needed!) Cool idea except it takes a Dem out of the Senate. Still, her seat is probably fairly safe for Dems, as safe as any Senate seat can be. ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [February 16, 2016, 7:50pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/235 "2016-02-16T19:50:17Z")
> [@lance\_strongarm](#): > > Cool idea except it takes a Dem out of the Senate. Still, her seat is probably fairly safe for Dems, as safe as any Senate seat can be. Minnesota governor Mark Dayton (DFL) would promptly appoint a replacement (a democrat), who would then have to run for re-election in November. ---
**Author:** ![Tangent](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tangent/32/3098_2.png) [@Tangent](https://boards.straightdope.com/u/Tangent)\ **Post date:** [February 16, 2016, 7:58pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/236 "2016-02-16T19:58:27Z")
> [@Fiveyearlurker](#): > > It’s sort of like the nerdier version of Highlander. _Ginsberg, shouting_: “According to Article III Section 4, the Justices of the Supreme Court shall not number greater than one, nor less than one!” _–smashes Kennedy’s head with large gavel–_ ---
**Author:** ![lance\_strongarm](https://avatars.discourse-cdn.com/v4/letter/l/87869e/32.png) [@lance\_strongarm](https://boards.straightdope.com/u/lance_strongarm)\ **Post date:** [February 16, 2016, 8:00pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/237 "2016-02-16T20:00:40Z")
> [@t-bonham@scc.net](#): > > Minnesota governor Mark Dayton (DFL) would promptly appoint a replacement (a democrat), who would then have to run for re-election in November. Okay, but would the replacement win? I presume MN is safely DFL but I don’t know for sure. ---
**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 16, 2016, 8:00pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/238 "2016-02-16T20:00:53Z")
A nominee from the Senate would certainly shine a VERY large spotlight on the GOP’s choice to refrain from voting on the nominee…with the person sitting right there every day, staring at Mitch McConnell. Every day. ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [February 16, 2016, 8:14pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/239 "2016-02-16T20:14:36Z")
> [@lance\_strongarm](#): > > Okay, but would the replacement win? I presume MN is safely DFL but I don’t know for sure. The last Republican elected to the Senate from Minnesota was 14 years ago, Norm Coleman in 2002. He lost to Al Franken in his reelection campaign in 2008. Currently, there isn’t a single Republican in any statewide elected office in Minnesota. So she would have a good chance of holding the seat, even in a short election season. ---
**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\ **Post date:** [February 16, 2016, 8:15pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/240 "2016-02-16T20:15:05Z")
> [@Sherrerd](#): > > Note how quick the GOP was to re-define ‘lame duck President’ as, apparently, ‘any President during the last quarter of his elected term.’ Somehow we all missed that clause in the Constitution that says Presidents are elected to three-year terms (with the fourth year to consist of nothing but ribbon-cuttings and other ceremonial functions). > > We might have guessed that the Republican play-book contains some very Orwellian re-definitions, but this incident surely confirms it. Rex Huppke, a Chicago Trib writer, wrote a [column](http://my.chicagotribune.com/#section/-1/article/p2p-85908522/) that had me chuckling. Among other zingers, he noted: > [@](#): > > The term “lame duck” generally applies to a president serving out his term after his successor has been elected. But in Obama’s case, the Republican-led Congress that doesn’t like him decides when he becomes a lame duck. (I think that rule is probably in that same part of the Constitution that Elizabeth Warren hasn’t found yet.) > > The day Scalia died, Obama had 341 days left in office. So a lame-duck president is someone who has at least 341 days left in office. > > Had Scalia died 50 days earlier, a lame-duck president would be someone who has 391 days left in office. And if the justice had passed away any time prior to Obama’s first inauguration in 2009, Obama would have become the first president to enter office as a lame duck. Also: > [@](#): > > After all, nothing would dishonor Scalia, who embraced constitutional originalism, more than the president doing what the Constitution originally says he’s supposed to do. [Previous page](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052.md?page=11) [Next page](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052.md?page=13)