# 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:** 15
**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\ **Post date:** [February 18, 2016, 12:57am UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/281 "2016-02-18T00:57:08Z")
> [@SlackerInc](#): > > It shouldn’t be up to them. In your opinion who should it be up to? ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [February 18, 2016, 12:57am UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/282 "2016-02-18T00:57:17Z")
> [@jsgoddess](#): > > Blocking Obama’s nominees is a dangerous strategy for the GOP, I think. They risk being primaried if they vote for a nominee, and the primary winners would likely be less electable, so that’s a risk of losing the senate. **But they increase the risk of losing the senate AND the presidency if they don’t.** It’s a real pickle. True, but, do they understand that? ---
**Author:** ![wonky](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wonky/32/393_2.png) [@wonky](https://boards.straightdope.com/u/wonky)\ **Post date:** [February 18, 2016, 1:00am UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/283 "2016-02-18T01:00:44Z")
> [@BrainGlutton](#): > > True, but, do they understand that? I honestly would have thought so. Primarily because I am stupid. ---
**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\ **Post date:** [February 18, 2016, 1:04am UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/284 "2016-02-18T01:04:04Z")
Or maybe they have made a different calculation on the political effects. Some reason we should all assume yours is right? ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [February 18, 2016, 1:05am UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/285 "2016-02-18T01:05:54Z")
BTW, if we’re talking ethnic diversity, and if religion can be considered an element of same, the SCOTUS is now five Catholics (Roberts, Kennedy, Thomas, Alito, Sotomayor) and three Jews (Ginsburg, Breyer, Kagan). Time for a Protestant. Or a Muslim or a pagan, doesn’t matter which. ---
**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\ **Post date:** [February 18, 2016, 1:25am UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/286 "2016-02-18T01:25:28Z")
> [@BrainGlutton](#): > > True, but, do they understand that? [Grassley has seen into the abyss.](http://www.politico.com/story/2016/02/chuck-grassley-obama-supreme-court-219320) > [@](#): > > he also told Iowa reporters that he has not made a final decision regarding committee consideration of a future justice and would take things a “step at a time.” You’ll see more walking back in the coming weeks. ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [February 18, 2016, 2:31am UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/287 "2016-02-18T02:31:18Z")
> [@BrainGlutton](#): > > BTW, if we’re talking ethnic diversity, and if religion can be considered an element of same, the SCOTUS is now five Catholics (Roberts, Kennedy, Thomas, Alito, Sotomayor) and three Jews (Ginsburg, Breyer, Kagan). Time for a Protestant. Or a Muslim or a pagan, doesn’t matter which. Used to be that there could never be enough Jews and Catholics for the CTers. You’re right that adding some Muslims and Pagans would be gravy today. I’m looking for an atheist federal judge who is a lapsed Scientologist. ---
**Author:** ![Leaper](https://avatars.discourse-cdn.com/v4/letter/l/4bbf92/32.png) [@Leaper](https://boards.straightdope.com/u/Leaper)\ **Post date:** [February 18, 2016, 2:33am UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/288 "2016-02-18T02:33:46Z")
> [@ElvisL1ves](#): > > [Grassley has seen into the abyss.](http://www.politico.com/story/2016/02/chuck-grassley-obama-supreme-court-219320)You’ll see more walking back in the coming weeks. Could be a switch to “do it anyway, but not say that’s why you’re doing it.” Wouldn’t be surprised if it was. But some damage has already been done, so we’ll see if it works on those outside the Republican base. ---
**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 18, 2016, 2:48am UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/289 "2016-02-18T02:48:11Z")
> [@jsgoddess](#): > > Blocking Obama’s nominees is a dangerous strategy for the GOP, I think. They risk being primaried if they vote for a nominee, and the primary winners would likely be less electable, so that’s a risk of losing the senate. But they increase the risk of losing the senate AND the presidency if they don’t. It’s a real pickle. > [@BrainGlutton](#): > > True, but, do they understand that? > [@jsgoddess](#): > > I honestly would have thought so. Primarily because I am stupid. > [@CarnalK](#): > > Or maybe they have made a different calculation on the political effects. Some reason we should all assume yours is right? This topic came up in the thread about the most recent R debate. Like most election threads it got a little hijacked when Scalia died. Anyhow, I had this to say there about the R’s logic on obstructing Obama’s SC nominee. [http://boards.straightdope.com/sdmb/showpost.php?p=19103988&postcount=100](http://boards.straightdope.com/sdmb/showpost.php?p=19103988&postcount=100) Looking at that post and a few posts above and below that one in that thread might add something to this conversation. ---
**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 18, 2016, 4:38am UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/290 "2016-02-18T04:38:01Z")
> [@Snowboarder\_Bo](#): > > In your opinion who should it be up to? There should be an automatic autopsy, by law, for any SC Justice who dies in office. Or, preferably, they should go to 10 year terms. But as long as it is a lifetime political appointment with so much power, they should have to be autopsied if they don’t retire before dying. ---
**Author:** ![Typo\_Knig](https://avatars.discourse-cdn.com/v4/letter/t/cdc98d/32.png) [@Typo\_Knig](https://boards.straightdope.com/u/Typo_Knig)\ **Post date:** [February 18, 2016, 11:44am UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/291 "2016-02-18T11:44:12Z")
> [@SlackerInc](#): > > There should be an automatic autopsy, by law, for any SC Justice who dies in office. Or, preferably, they should go to 10 year terms. But as long as it is a lifetime political appointment with so much power, they should have to be autopsied if they don’t retire before dying. Were there conspiracy theories around Renquist’s death in 2005 - I honestly don’t remember. Wiki says he was just shy of 81 (less than 2 years older than Scalia), and had cancer, when he died. ---
**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 18, 2016, 12:17pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/292 "2016-02-18T12:17:42Z")
Publicly announcing he was struggling with cancer, being visibly infirm, and dying at home dampened a lot of that; but it also can’t be overlooked that he was a very conservative justice who died early in the second term of a very conservative president. That is inherently non-suspicious. ---
**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\ **Post date:** [February 18, 2016, 12:36pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/293 "2016-02-18T12:36:27Z")
Lamest conspiracy theory I’ve heard is that it’s all numerology. Scalia died on the 44th day of the year, Obama is the 44th president, what more do you need to know he was behind it? ---
**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 18, 2016, 1:12pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/294 "2016-02-18T13:12:45Z")
For Obama to actually be behind it would be a very silly conspiracy theory indeed. For one “lone wolf” left-wing assassin to be behind it, not so hard to imagine. ---
**Author:** ![Damuri\_Ajashi](https://avatars.discourse-cdn.com/v4/letter/d/898d66/32.png) [@Damuri\_Ajashi](https://boards.straightdope.com/u/Damuri_Ajashi)\ **Post date:** [February 18, 2016, 3:32pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/295 "2016-02-18T15:32:20Z")
> [@SlackerInc](#): > > I rolled my eyes at the conspiracy theories, but it turns out there are actually some odd details about Scalia’s death: > > [http://gawker.com/nobody-seems-to-know-how-exactly-antonin-scalia-ended-u-1759176340](http://gawker.com/nobody-seems-to-know-how-exactly-antonin-scalia-ended-u-1759176340) This has been clarified. He was found with a pillow above him on the bed. So headboard - pillow - scalia. Its not like the pillow was on covering his head. ---
**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 18, 2016, 3:36pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/296 "2016-02-18T15:36:41Z")
OIC ETA: “They got to him.” 😉 ---
**Author:** ![Grsz11](https://avatars.discourse-cdn.com/v4/letter/g/c5a1d2/32.png) [@Grsz11](https://boards.straightdope.com/u/Grsz11)\ **Post date:** [February 18, 2016, 3:41pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/297 "2016-02-18T15:41:34Z")
When Obama makes a recess appointment: [![](https://i.imgur.com/VQLGJOL.gif) ](https://i.imgur.com/VQLGJOL.gif) ---
**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 18, 2016, 3:50pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/298 "2016-02-18T15:50:19Z")
> [@SlackerInc](#): > > There should be an automatic autopsy, by law, for any SC Justice who dies in office. Or, preferably, they should go to 10 year terms. But as long as it is a lifetime political appointment with so much power, they should have to be autopsied if they don’t retire before dying. A decent argument can be made to do this for all significant government officials. Somebody offing a high powered legislator or executive branch electee or cabinet member would also be potentially game changing. Of course that just moves the goal posts to: “Who does the autopsy & how trustworthy are they?” Some Federal center run by the FBI or DoD? If the dead guy was not favorable to the executive branch certainly the CTers would have a field day claiming that the autopsy of an executive opponent in an executive-controlled lab has to be a farce. And if he was favorable to the executive branch the CT will move to the power of the Kochs, the CIA, the other party trying to take back the country, whatever. What about using the local authorities? Maybe OK if the guy dies in Los Angeles with Quincy on duty. Not so much in Marfa TX; still nobody is going to believe the job was A) competent or B) honest in the face of massive federal or Koch power. My bottom line: This adds complexity for no benefit. And it really feeds into the idea that government and governance is such a dirty game that we the people really do need to be on guard for politically motivated assassinations. We don’’ actually live in a country where that’s a concern of sane citizens. And I don’t want to live in a country where it \*is \*a concern of sane citizens. Nor in one where we pander to insanity. > [@SlackerInc](#): > > Publicly announcing he was struggling with cancer, being visibly infirm, and dying at home dampened a lot of that; but it also can’t be overlooked that he was a very conservative justice who died early in the second term of a very conservative president. That is inherently non-suspicious. You’re playing checkers, not chess. From a partisan POV, IMO the \*best \*time for a very conservative judge/justice to die is in the second term of a very conservative president. That way the very conservative Prez gets to renew the very conservative lease on that seat for another 25 years. Having the old ill guy struggle on a couple more years and letting the other party’s new Prez nominate his replacement is the worst outcome possible. Whether it’s better to assassinate the guy earlier or later in the Prez’s term depends a lot on senate makeup, which senators are up for mid-term reelection, whether the country is currently trending R-ward or D-ward, etc. In my ideal world we’d pass a law to apply fixed non-renewable terms to the justices starting with any selected after about 2025 or 2030. That’s far enough in the future that nobody today can make a coherent argument that it’ll favor one side or the other during the transition from the current justices-for-life. Nor can anyone argue the system will favor one side or the other for the long haul after the transition to fixed terms is complete. And with luck we’d stop having the Supremes be dominated by near-dead dinosaurs. ---
**Author:** ![Peremensoe](https://avatars.discourse-cdn.com/v4/letter/p/ce7236/32.png) [@Peremensoe](https://boards.straightdope.com/u/Peremensoe)\ **Post date:** [February 18, 2016, 6:52pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/299 "2016-02-18T18:52:59Z")
… ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [February 18, 2016, 11:08pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/300 "2016-02-18T23:08:37Z")
> [@Exapno\_Mapcase](#): > > Used to be that there could never be enough Jews and Catholics for the CTers. You’re right that adding some Muslims and Pagans would be gravy today. > > I’m looking for an atheist federal judge who is a lapsed Scientologist. “Lapsed” my ass! :mad: [Previous page](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052.md?page=14) [Next page](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052.md?page=16)