# 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:** 4
**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, 11:16pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/61 "2016-02-13T23:16:27Z")
> [@Richard\_Parker](#): > > They are in session now. Then what was Scalia doing in Texas?! ---
**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, 11:17pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/62 "2016-02-13T23:17:02Z")
> [@BrainGlutton](#): > > Then what was Scalia doing in Texas?! Dying ---
**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, 11:17pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/63 "2016-02-13T23:17:34Z")
> [@kaylasdad99](#): > > _“Justice Scalia’s death makes it clearer than ever that I must be the next President. My Supreme Court nominations will be the classiest Supreme Court nominations in history. They’ll be HUUUUGE!”_ Huger than Taft?! He’ll have to scout the sideshows! ---
**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, 11:18pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/64 "2016-02-13T23:18:20Z")
> [@FlikTheBlue](#): > > Is there any room for a scenario like this? > > 1. The current Senate obstructs Obama’s nominee to the court. > 2. The Democrats take the Senate back. > 3. A Republican wins the presidential election. > 4. The new Senate confirms the nominee before the end of Obama’s term. I think there’s almost no chance that a GOP president would win at the same time Democrats took back the Senate. If a Democratic candidate wins, then the Democrats are likely (but not assured) of taking back the Senate; if the Republican wins, then they’re almost certain of keeping it. ---
**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 13, 2016, 11:18pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/65 "2016-02-13T23:18:27Z")
> [@BrainGlutton](#): > > Then what was Scalia doing in Texas?! Celebrating the three-day weekend, I assume. ---
**Author:** ![boytyperanma](https://avatars.discourse-cdn.com/v4/letter/b/4491bb/32.png) [@boytyperanma](https://boards.straightdope.com/u/boytyperanma)\ **Post date:** [February 13, 2016, 11:18pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/66 "2016-02-13T23:18:40Z")
> [@BrainGlutton](#): > > Then what was Scalia doing in Texas?! Left for the long weekend. ---
**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 13, 2016, 11:20pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/67 "2016-02-13T23:20:32Z")
One interesting consequence of having an 8-person court for a long period is that the liberal bloc can safely vote for cert (4 votes) and get affirmances on very liberals opinions from the courts of appeals that they like. By contrast, the conservative bloc cannot count on Kennedy’s vote, so they cannot reliably use the same strategy. ---
**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, 11:20pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/68 "2016-02-13T23:20:55Z")
> [@boytyperanma](#): > > Left for the long weekend. Long indeed. ---
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [February 13, 2016, 11:22pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/69 "2016-02-13T23:22:17Z")
> [@FlikTheBlue](#): > > Is there any room for a scenario like this? > > 1. The current Senate obstructs Obama’s nominee to the court. > 2. The Democrats take the Senate back. > 3. A Republican wins the presidential election. > 4. The new Senate confirms the nominee before the end of Obama’s term. I don’t think that would happen, for the same reason that I don’t expect the Senate to block a nominee for a year. If Obama’s nominee is still unconfirmed in January, I think he or she would withdraw in favor of the new president making a nomination. In the aforementioned Fortas fiasco, Fortas withdrew in early October, and Johnson did not attempt to make another nomination, leaving it for the next president. I think a situation such as you describe will be handled in the same way. Of course, there’s nothing to stop President Clinton from nominating the same person. 🙂 ---
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [February 13, 2016, 11:26pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/70 "2016-02-13T23:26:27Z")
> [@Richard\_Parker](#): > > Celebrating the three-day weekend, I assume. He was on a hunting trip. According to CNN, he didn’t show up for breakfast and the other hunters left without him. What is it with Republicans and hunting? A Vice-President shoots someone, and this group is with a Supreme Court justice who said when he went to bed that he wasn’t feeling well and they don’t check on him? ---
**Author:** ![FlikTheBlue](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fliktheblue/32/10972_2.png) [@FlikTheBlue](https://boards.straightdope.com/u/FlikTheBlue)\ **Post date:** [February 13, 2016, 11:28pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/71 "2016-02-13T23:28:59Z")
I’m already picturing Ted Cruz saying that he would nominate Roy Moore if he wins. :eek: ---
**Author:** ![Biggirl](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/biggirl/32/3294_2.png) [@Biggirl](https://boards.straightdope.com/u/Biggirl)\ **Post date:** [February 13, 2016, 11:29pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/72 "2016-02-13T23:29:57Z")
> [@Simplicio](#): > > Dying He don’t mind the sun sometimes. ---
**Author:** ![FlikTheBlue](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fliktheblue/32/10972_2.png) [@FlikTheBlue](https://boards.straightdope.com/u/FlikTheBlue)\ **Post date:** [February 13, 2016, 11:32pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/73 "2016-02-13T23:32:36Z")
> [@BrainGlutton](#): > > Then what was Scalia doing in Texas?! Weekend at Tony’s? 😛 ---
**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\ **Post date:** [February 13, 2016, 11:33pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/74 "2016-02-13T23:33:29Z")
If I was Obama’s political adviser I’d probably grab a Hispanic judge who is liberal, but a moderate liberal, someone who will vote reliably how Obama would want but not a firebrand who has taken lots of controversial far left positions. Make sure he is personally unimpeachable, and has the strongest resume you can imagine, serious clerkship in his early days, distinguished legal career, respected writer of opinions at the lower court. Get him out there in a couple weeks. If the Senate nominates, great. If they obstruct for almost an entire year it absolutely becomes a serious tool in elections, not just the Presidential, but in Senate races, too. Even bigger (and I don’t know if the timeline allows it) would be important decisions coming back 4-4 in this time, as the public would visibly see the negative consequences of not having a full court. ---
**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, 11:34pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/75 "2016-02-13T23:34:45Z")
> [@Smapti](#): > > I believe this is the point in the Jack Chick comic where Obama appoints _himself_ to the Supreme Court, and subsequently rules that True Christians must be imprisoned if they refuse to celebrate gay weddings, and then assigns the Ayatollah and the Grand Prince of the Church of Satan to give speeches in the Capitol about how man came from monkeys and Russia is destined to rule over Israel. Yep. And of course the Jack Chick stuff is pretty much the GOP mainstream, these days. Talk radio and similar outlets won’t be able to keep off the topic of Obama being on the Court–whether through self-appointment, or as a result of the Devil making sure a Dem wins the White House. ---
**Author:** ![Biggirl](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/biggirl/32/3294_2.png) [@Biggirl](https://boards.straightdope.com/u/Biggirl)\ **Post date:** [February 13, 2016, 11:36pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/76 "2016-02-13T23:36:22Z")
The Republicans should worry about blocking Obama’s nominee, a Democrat wins the presidency and nominstes Obama. ---
**Author:** ![boytyperanma](https://avatars.discourse-cdn.com/v4/letter/b/4491bb/32.png) [@boytyperanma](https://boards.straightdope.com/u/boytyperanma)\ **Post date:** [February 13, 2016, 11:40pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/77 "2016-02-13T23:40:00Z")
> [@Martin\_Hyde](#): > > If I was Obama’s political adviser I’d probably grab a Hispanic judge who is liberal, but a moderate liberal, someone who will vote reliably how Obama would want but not a firebrand who has taken lots of controversial far left positions. Make sure he is personally unimpeachable, and has the strongest resume you can imagine, serious clerkship in his early days, distinguished legal career, respected writer of opinions at the lower court. But that’s so boring. That’s exactly what he did the last time. edit sorry the time before that. The last one was Kagan not Sotomayor ---
**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\ **Post date:** [February 13, 2016, 11:40pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/78 "2016-02-13T23:40:08Z")
[Link](http://trailblazersblog.dallasnews.com/2016/02/cruz-rubio-mcconnell-insist-that-new-president-fill-scalia-seat-on-supreme-court.html/) Cruz, Rubio (two senators) and Mitch McConnell (daddy Senator) are all saying that the decision should be made by the next President. They’re building out the argument that due to being so near the end of his term Obama doesn’t have a valid role here. This to me makes it seem quite likely the Senate is going to obstruct until the end of the Obama Presidency. ---
**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\ **Post date:** [February 13, 2016, 11:42pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/79 "2016-02-13T23:42:03Z")
> [@boytyperanma](#): > > But that’s so boring. That’s exactly what he did the last time. Nah, everyone know Sotomayor was uber liberal. I only picked Hispanic because they’re more of a contested constituency than African Americans in 2016 (so for craven political reasons.) [This](http://fivethirtyeight.com/features/the-supreme-court-wont-be-getting-another-sotomayor-anytime-soon/) good article (updated today to note Scalia’s passing) notes that Sotomayor wouldn’t be confirmed these days. She was very qualified but very liberal, the kind of justice you put on the court when your party controls the Senate (and you’re a Democrat.) I’d be thinking a Sotomayor type resume but closer to the center. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [February 13, 2016, 11:50pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/80 "2016-02-13T23:50:02Z")
My guess is that the Republicans will try to argue that the nomination should be delayed until after the election. And they’ll claim it’s a matter of principle so they can deny the partisanship. Their supporters will swallow what they’re saying. ninja’d by Martin Hyde. [Previous page](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052.md?page=3) [Next page](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052.md?page=5)