# 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:** 8
**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 14, 2016, 4:13am UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/141 "2016-02-14T04:13:28Z")
Indeed. Talk of Sanders’ electability is inappropriate for this thread. Take it elsewhere. ---
**Author:** ![Happy\_Lendervedder](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/happy_lendervedder/32/8488_2.png) [@Happy\_Lendervedder](https://boards.straightdope.com/u/Happy_Lendervedder)\ **Post date:** [February 14, 2016, 4:34am UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/142 "2016-02-14T04:34:17Z")
> [@Shayna](#): > > No, of course not. But her ties to Wall Street and Corporate America will absolutely factor into any nominee she might consider. We’ll _never_ get a true Liberal or Progressive on the Court with her. You think we’ll actually get a “true Liberal or Progressive on the Court” with any Republican in the Senate that has breath in his or her lungs? Chances are even St. Bernie would have to nominate a moderate, unless the Senate somehow \*really \*swings and becomes a filibuster-free place for the Dems. DC won’t become magical if Bernie gets elected. ---
**Author:** ![Pashnish\_Ewing](https://avatars.discourse-cdn.com/v4/letter/p/8797f3/32.png) [@Pashnish\_Ewing](https://boards.straightdope.com/u/Pashnish_Ewing)\ **Post date:** [February 14, 2016, 5:46am UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/143 "2016-02-14T05:46:24Z")
> [@Shayna](#): > > Oh, good grief, I did nothing of the sort. Man this place has gone to shit. Er, welcome back, **Shayna**. ---
**Author:** ![emcee2k](https://avatars.discourse-cdn.com/v4/letter/e/7bcc69/32.png) [@emcee2k](https://boards.straightdope.com/u/emcee2k)\ **Post date:** [February 14, 2016, 6:27am UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/144 "2016-02-14T06:27:12Z")
> [@Jonathan\_Chance](#): > > Indeed. Talk of Sanders’ electability is inappropriate for this thread. Take it elsewhere. Is it? If people are saying we need to nominate Clinton now because she’s more electable and the stakes are higher, then I would think discussing Sanders’ electability is very appropriate. ---
**Author:** ![coremelt](https://avatars.discourse-cdn.com/v4/letter/c/4491bb/32.png) [@coremelt](https://boards.straightdope.com/u/coremelt)\ **Post date:** [February 14, 2016, 6:38am UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/145 "2016-02-14T06:38:50Z")
> [@emcee2k](#): > > Is it? If people are saying we need to nominate Clinton now because she’s more electable and the stakes are higher, then I would think discussing Sanders’ electability is very appropriate. There are already plenty of threads about Sanders electability in the general. [http://boards.straightdope.com/sdmb/showthread.php?t=783170&page=7](http://boards.straightdope.com/sdmb/showthread.php?t=783170&page=7) [http://boards.straightdope.com/sdmb/showthread.php?t=782553&page=3](http://boards.straightdope.com/sdmb/showthread.php?t=782553&page=3) [http://boards.straightdope.com/sdmb/showthread.php?t=783140&page=2](http://boards.straightdope.com/sdmb/showthread.php?t=783140&page=2) ---
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [February 14, 2016, 7:46am UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/146 "2016-02-14T07:46:59Z")
> [@Little\_Pig](#): > > Could Obama nominate himself? Just wondering. Sure, but he’d have to step down as President. Which is actually fine if that’s what he really wants to do with his life. Who wouldn’t support that, actually? Biden is President for the next 11 months, Obama’s on the court for 20-30 years. ---
**Author:** ![emcee2k](https://avatars.discourse-cdn.com/v4/letter/e/7bcc69/32.png) [@emcee2k](https://boards.straightdope.com/u/emcee2k)\ **Post date:** [February 14, 2016, 9:54am UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/147 "2016-02-14T09:54:58Z")
> [@coremelt](#): > > There are already plenty of threads about Sanders electability in the general. > > [http://boards.straightdope.com/sdmb/showthread.php?t=783170&page=7](http://boards.straightdope.com/sdmb/showthread.php?t=783170&page=7) > > [http://boards.straightdope.com/sdmb/showthread.php?t=782553&page=3](http://boards.straightdope.com/sdmb/showthread.php?t=782553&page=3) > > [http://boards.straightdope.com/sdmb/showthread.php?t=783140&page=2](http://boards.straightdope.com/sdmb/showthread.php?t=783140&page=2) The topic may be well covered, but I don’t see how that makes it a hijack. It’s specifically relevant to the topic of this thread. ---
**Author:** ![Iggy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iggy/32/3364_2.png) [@Iggy](https://boards.straightdope.com/u/Iggy)\ **Post date:** [February 14, 2016, 10:11am UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/148 "2016-02-14T10:11:09Z")
> [@adaher](#): > > Sure, but he’d have to step down as President. Which is actually fine if that’s what he really wants to do with his life. Who wouldn’t support that, actually? Biden is President for the next 11 months, Obama’s on the court for 20-30 years. I see what you did there. Perhaps McConnell would agree to a vote on a nominee only if Obama nominates himself, and then resigns before the confirmation hearings? Sure… the Republican majority Senate will give him an up or down vote in that circumstance. ---
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [February 14, 2016, 10:14am UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/149 "2016-02-14T10:14:14Z")
Actually, Senate Republicans have a great relationship with Biden. I think they’d be thrilled to deal with him over the next 11 months. ---
**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\ **Post date:** [February 14, 2016, 11:10am UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/150 "2016-02-14T11:10:45Z")
A week is a long time in politics. Scalia’s death yesterday will utterly dominate the news for the next few days. Bernie’s New Hampshire win seems as old as World War I now. I’m sure the Clinton campaign is glad to have another story making headlines. ---
**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\ **Post date:** [February 14, 2016, 11:18am UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/151 "2016-02-14T11:18:44Z")
> [@tomndebb](#): > > Do not announce the names of posters on your gnore list. > > [/Moderating] How do I get a ‘gnore list’? It sounds pretty gnarly. 😉 (The fact that there’s no such thing as a ‘gnore’ suggests that it might be related to the gruffalo - “[Silly old fox, doesn’t he know?](http://countrymusicreport.com/wp-content/uploads/2015/12/Gruffalo-christmas-1064688.jpg) there’s no such thing as a gruffalo!” - but to me it sounds more like the name for a subspecies of troll. And soon as we figure out what subspecies that is, the utility of having a ‘gnore list’ will be self-explanatory. :p) > [@Jonathan\_Chance](#): > > Indeed. Talk of Sanders’ electability is inappropriate for this thread. Take it elsewhere. Thank you. ---
**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\ **Post date:** [February 14, 2016, 11:35am UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/152 "2016-02-14T11:35:30Z")
Here’s a question: if Obama submitted his nomination for the SCOTUS vacancy to the Senate next week, and we were in an alternate universe where the Senate voted to confirm his nomination by sometime in March or April, would the new Justice join in the Court’s deliberations of cases already argued but not yet decided in this term, or would s/he only join in the deliberations of cases still to be heard this term, or would s/he simply wait until the beginning of the Supreme Court’s next term in October before joining the Court for real? ---
**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\ **Post date:** [February 14, 2016, 12:21pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/153 "2016-02-14T12:21:17Z")
Actually, there’s fairly recent precedent for this, isn’t there? Justice Kennedy was confirmed by the Senate on February 3, 1988, and was sworn in as Justice on February 18, 1988. How did that work out, legal eagles? Did he participate in deliberations of cases already argued, or was his work during that term of the Court limited to cases argued after he joined the Court? ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [February 14, 2016, 12:40pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/154 "2016-02-14T12:40:24Z")
> [@RTFirefly](#): > > would the new Justice join in the Court’s deliberations of cases already argued but not yet decided in this term, or would s/he only join in the deliberations of cases still to be heard this term, or would s/he simply wait until the beginning of the Supreme Court’s next term in October before joining the Court for real? Generally in the past new justices have recused themselves in such cases, but no one can make them do it if they don’t want to. ---
**Author:** ![Grsz11](https://avatars.discourse-cdn.com/v4/letter/g/c5a1d2/32.png) [@Grsz11](https://boards.straightdope.com/u/Grsz11)\ **Post date:** [February 14, 2016, 12:41pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/155 "2016-02-14T12:41:19Z")
> [@RTFirefly](#): > > Actually, there’s fairly recent precedent for this, isn’t there? Justice Kennedy was confirmed by the Senate on February 3, 1988, and was sworn in as Justice on February 18, 1988. How did that work out, legal eagles? Did he participate in deliberations of cases already argued, or was his work during that term of the Court limited to cases argued after he joined the Court? I don’t know about that, I would rather use that example to shove down the throat of any Republican who says nominations aren’t made in an election year. ---
**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 14, 2016, 12:49pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/156 "2016-02-14T12:49:22Z")
He wasn’t technically nominated in an election year AFAIK. ---
**Author:** ![Defensive\_Indifference](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/defensive_indifference/32/6502_2.png) [@Defensive\_Indifference](https://boards.straightdope.com/u/Defensive_Indifference)\ **Post date:** [February 14, 2016, 2:10pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/157 "2016-02-14T14:10:48Z")
Not meant as a completely serious question (and apologies if it was already asked) but: what if Obama nominates Clinton or Sanders? Obama just says, “Ah, fuck it, I’m outta this crummy job in a year, let’s just screw with everybody.” Neither if them has a chance of being confirmed, but it’s looking like no one he nominates will be confirmed, so he should just go out there and have fun. ---
**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 14, 2016, 2:13pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/158 "2016-02-14T14:13:16Z")
> [@Bayard](#): > > Not meant as a completely serious question (and apologies if it was already asked) but: what if Obama nominates Clinton or Sanders? Obama just says, “Ah, fuck it, I’m outta this crummy job in a year, let’s just screw with everybody.” Neither if them has a chance of being confirmed, but it’s looking like no one he nominates will be confirmed, so he should just go out there and have fun. They’d have to actually want it, which is pretty unlikely, I think. ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [February 14, 2016, 2:23pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/159 "2016-02-14T14:23:44Z")
> [@Alex\_from\_CB](#): > > Don’t know Supreme Court rules, …Do they bury Clarence Thomas along with Tony? Not exactly. Under the rules, Thomas now becomes Scalia’s crypt-guardian. He will be tethered to the vault entrance by a 20-foot chain, forbidden to bathe or cut his hair or nails, and fed a not-quite-adequate amount of warm raw meat (to keep him hungry and fierce). ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [February 14, 2016, 2:31pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/160 "2016-02-14T14:31:08Z")
> [@RTFirefly](#): > > One thing about a court split 4-4 on numerous issues is that it would leave circuit court decisions in place on those questions, though they would only apply to that circuit. > > The stay that the Supreme Court recently issued on Obama’s environmental regs, for instance - if the DC Circuit rules in favor of the Administration, the conservatives on the Supreme Court wouldn’t have 5 votes to reverse the DC Circuit, so the regs would be implemented. > > And as has already been said, everything before this Court right now will only be voted on by the 8 surviving Justices. N.B.: [Votes Scalia already has cast this session no longer count.](http://www.salon.com/2016/02/14/2016_is_now_all_about_the_supreme_court_this_is_how_justice_scalias_death_deadlocks_the_court_and_changes_presidential_race/) > [@](#): > > What are the legal and political implications of Antonin Scalia’s sudden death? First, in regard to the legal status of all cases currently before the Supreme Court, all of Scalia’s votes on those cases no longer count. > > Justices cast their initial votes on cases in a conference, and the task of writing the majority opinion is assigned to a particular justice. Drafts of this opinion then circulate among those justices who voted in the majority, for comments and potential revisions. > > But until the decision is formally issued, any justice is free to change the vote he or she cast in the conference. (For example, there is strong evidence that the Affordable Care Act was saved when John Roberts changed his mind after the initial conference vote, thus transforming what was originally the majority opinion in the case into the dissent). > > This fact has serious practical implications for several important cases the Court is currently considering. > > For example, it now seems likely that a crucial labor law case that seemed fated to deal a serious and possibly fatal blow to many public sector unions will come out the other way. > > And Justice Scalia’s death may well have also saved the Obama administration’s most critical climate change regulations. > > This is because what were poised to be 5-4 decisions will now feature 4-4 votes — and a tie vote in the Supreme Court leaves the law unchanged. [Previous page](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052.md?page=7) [Next page](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052.md?page=9)