# 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:** 9
**Author:** ![Count\_Blucher](https://avatars.discourse-cdn.com/v4/letter/c/c5a1d2/32.png) [@Count\_Blucher](https://boards.straightdope.com/u/Count_Blucher)\ **Post date:** [February 14, 2016, 2:33pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/161 "2016-02-14T14:33:56Z")
> [@BrainGlutton](#): > > One shudders to think who or what Trump would appoint. [Trump] “Oh, I don’t know…Alan Shore, Harvey Specter, Jack McCoy, Saul Goodman…there are a lot of good people.” [/Trump] > [@BrainGlutton](#): > > Then what was Scalia doing in Texas?! He wanted to be closer to the Big Oil interests. [Cheney] Dammit, Genie, I want those other 2 wishes…! [/Cheney] > [@boytyperanma](#): > > Well they might debate that. A few should be serving fries, not debating them. > [@Sampiro](#): > > This weekend is the 10th anniversary of when Dick Cheney shot Harry Whittington in Texas while quail hunting. > > Scalia died this weekend while in Texas for quail hunting. > > (Anyone seen Cheney? When last spotted he was saying something about “time to feed again”. ) Scalia dead, Cheney in hiding. Is it Fuck Season already…? > [@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. Obama, if you nominate Bill, I’ll WALK to DC to light your cigar… ---
**Author:** ![Count\_Blucher](https://avatars.discourse-cdn.com/v4/letter/c/c5a1d2/32.png) [@Count\_Blucher](https://boards.straightdope.com/u/Count_Blucher)\ **Post date:** [February 14, 2016, 2:37pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/162 "2016-02-14T14:37:06Z")
PS- …and I’ll hand them out Free on The Beltway if you nominate Joe Biden…! ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [February 14, 2016, 3:48pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/163 "2016-02-14T15:48:22Z")
> [@Tom\_Tildrum](#): > > Both sides have always seen 2016 as an election dependent on turnout, and an open Supreme Court seat is as big a rallying cry as the Republicans could hope for (and the Democrats, for that matter). Even in death, Nino is polarising. 🙂 ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [February 14, 2016, 4:12pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/164 "2016-02-14T16:12:54Z")
nm ---
**Author:** ![CaptMurdock](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/captmurdock/32/11736_2.png) [@CaptMurdock](https://boards.straightdope.com/u/CaptMurdock)\ **Post date:** [February 14, 2016, 4:41pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/165 "2016-02-14T16:41:31Z")
> [@BrainGlutton](#): > > [The responses on Free Republic](http://freerepublic.com/focus/f-news/3396676/posts) are rich. My favorite so far: > [@](#): > > He will be replaced with another unqualified Marxist lesbian pagan ---
**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, 5:48pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/166 "2016-02-14T17:48:25Z")
If the GOP congress can wait a year under Obama, what compels them to confirm under Prez HRC? How long would/could they continue holding out at that point? ETA: I mean, aren’t all GOP house (and maybe senate) candidates going to run on not confirming ANY potential lib justice? ---
**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, 5:49pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/167 "2016-02-14T17:49:35Z")
Here’s hoping for a Dem WH and Senate that confirms the most radical atheist feminist socialist they can find. ---
**Author:** ![YogSothoth](https://avatars.discourse-cdn.com/v4/letter/y/8edcca/32.png) [@YogSothoth](https://boards.straightdope.com/u/YogSothoth)\ **Post date:** [February 14, 2016, 6:05pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/168 "2016-02-14T18:05:04Z")
> [@BrainGlutton](#): > > One shudders to think who or what Trump would appoint. If elected, there is a 100% chance we’ll have an Apprentice: Supreme Court ---
**Author:** ![Superdude](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/superdude/32/13450_2.png) [@Superdude](https://boards.straightdope.com/u/Superdude)\ **Post date:** [February 14, 2016, 7:48pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/169 "2016-02-14T19:48:20Z")
They’re still going nuts over at FreeRepublic. About how it was obviously a hit ordered by “The Pantsuit.” About how 79-year old men don’t just die of “natural causes.” (Tell that one to my dad, who died of natural causes at 50, in the form of 3 heart attacks in 4 days with no history). And my current favorite…about how there should be an autopsy done on Scalia, but have it done out of the country so there’s no pressure to declare it natural when it obviously wasn’t. ETA: That WAS my favorite, until I saw this: “Recess appointments can’t be made to the Supreme Court so it’s senate confirmation or nothing. Now if we had a senate with a pair they would say from day one, we will NOT confirm anybody to the left of Scalia, period. However I’m guessing McCain, Graham and crew are already drooling to prove how inclusive the party is by quickly confirming whatever far leftist women, minority, homosexual that Obama nominates.” ---
**Author:** ![D\_Anconia](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@D\_Anconia](https://boards.straightdope.com/u/D_Anconia)\ **Post date:** [February 14, 2016, 8:08pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/170 "2016-02-14T20:08:23Z")
> [@Pashnish\_Ewing](#): > > ETA: **I mean, aren’t all GOP house** (and maybe senate) candidates going to run on not confirming ANY potential lib justice? Huh? The House doesn’t take any part in the confirmation process. ---
**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, 8:21pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/171 "2016-02-14T20:21:03Z")
> [@Superdude](#): > > They’re still going nuts over at FreeRepublic. About how it was obviously a hit ordered by “The Pantsuit.” About how 79-year old men don’t just die of “natural causes.” (Tell that one to my dad, who died of natural causes at 50, in the form of 3 heart attacks in 4 days with no history). > > And my current favorite…about how there should be an autopsy done on Scalia, but have it done out of the country so there’s no pressure to declare it natural when it obviously wasn’t. > > ETA: That WAS my favorite, until I saw this: > > “Recess appointments can’t be made to the Supreme Court so it’s senate confirmation or nothing. Now if we had a senate with a pair they would say from day one, we will NOT confirm anybody to the left of Scalia, period. However I’m guessing McCain, Graham and crew are already drooling to prove how inclusive the party is by quickly confirming whatever far leftist women, minority, homosexual that Obama nominates.” Its so funny to me how people on the far right (Tea Party) and far left (Bernheads) are convinced their respective parties are so accommodationist. Both sides are way off, IMO. ---
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [February 14, 2016, 8:33pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/172 "2016-02-14T20:33:29Z")
Interestingly, when Souter retired, Scalia happened to be sitting near David Axelrod at some event, and Scalia [urged](http://www.cnn.com/2016/02/14/opinions/david-axelrod-surprise-request-from-justice-scalia/index.html) him to tell President Obama to nominate Elena Kagan. ---
**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, 8:44pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/173 "2016-02-14T20:44:19Z")
> [@D\_Anconia](#): > > Huh? The House doesn’t take any part in the confirmation process. Sorry, I forgot it was only the senate. But I’m still curious how long the bluster will last if the next prez is a dem. ---
**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\ **Post date:** [February 14, 2016, 9:08pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/174 "2016-02-14T21:08:27Z")
> [@drad\_dog](#): > > I just hope Obama gets a backbone and finds someone with one. I’d like to see a black person on the court (Who talks). Deval Patrick? Might look like pandering, but what the hell, he’s got the record. > [@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. It’s also good for progressives to simply have one less reactionary on the court in the meanwhile, even if the seat remains vacant. Really, there’s no downside for the Dems no matter how long this takes, unless you can seriously imagine a Republican (who?) winning the Presidency this November. And stalling a vote will only help the chances of a Dem-controlled Senate, too, by making their mindless obstructionism more apparent to those who might still not grasp it. But I don’t get how votes Scalia _already cast_ don’t count anymore. How far back in time does that go, and why? Is his Bush v. Gore vote, flouting the Constitution he swore and claimed to uphold, no longer valid? ---
**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 14, 2016, 9:17pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/175 "2016-02-14T21:17:20Z")
> [@ElvisL1ves](#): > > But I don’t get how votes Scalia _already cast_ don’t count anymore. How far back in time does that go, and why? Is his Bush v. Gore vote, flouting the Constitution he swore and claimed to uphold, no longer valid? Scalia’s votes in Supreme Court _decisions_ do count. It’s only the conference votes–considered to be tentative until the decision is actually handed down–that don’t count. ---
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [February 14, 2016, 9:22pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/176 "2016-02-14T21:22:19Z")
I’m reading that Obama may not even be very concerned with getting his nomination approved. This article/opinion here: [https://www.washingtonpost.com/poste...d=ss\_fb-bottom](https://www.washingtonpost.com/poste...d=ss_fb-bottom) suggests that Obama already has an advantage with a deadlocked court. The thinking is that lower appeals courts are more liberal than not. They return decisions that conservatives don’t like, so they take it to the Supremes for them to overturn. Thing is, overturn requires a majority vote, a four to four tie leaves the lower courts decision in place. So, Obama can put up an agreeably “vanilla” center-left nominee, the Republicans can block said nominee for fear of losing their grip on the Court, for fear of losing all the important cases. But blocking an agreeable and acceptable nominee looks bad, and it also loses a lot of important cases, cases they were otherwise likely to have won! Groovy. ---
**Author:** ![Superdude](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/superdude/32/13450_2.png) [@Superdude](https://boards.straightdope.com/u/Superdude)\ **Post date:** [February 14, 2016, 9:31pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/177 "2016-02-14T21:31:59Z")
I’m still hooked of Free Republic. They have readers suggesting that Cruz should bow out of the election, and shoot for the SC position. As one person put it, “Cruz could re-claim his status as a respected American if he can cobble together the language that would remove him from the running as Presidential hopeful and put him in line for SC nominee.” Others are claiming that that’s where Cruz belongs in the first place. My favorite line has changed again. It’s now “Scalia was the best Supreme Court Justice, bar none. The baton is passed to Clarence Thomas.” ---
**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, 10:23pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/178 "2016-02-14T22:23:24Z")
> [@Sherrerd](#): > > Scalia’s votes in Supreme Court _decisions_ do count. It’s only the conference votes–considered to be tentative until the decision is actually handed down–that don’t count. Yeah, I was thinking **BG** had overstated things a bit. The conference votes don’t have any official existence, after all. But the 5-4 vote the other day that [placed a stay on Obama’s climate change regs](http://www.cnn.com/2016/02/09/politics/supreme-court-obama-epa-climate-change/) doesn’t magically disappear because one of the 5 is now deceased. (If only.) It was a formal ruling, it’s out there, it’s in effect until the courts have decided the challenge to the regs. ---
**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 14, 2016, 10:37pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/179 "2016-02-14T22:37:28Z")
> [@RTFirefly](#): > > Yeah, I was thinking **BG** had overstated things a bit. The conference votes don’t have any official existence, after all. > > But the 5-4 vote the other day that [placed a stay on Obama’s climate change regs](http://www.cnn.com/2016/02/09/politics/supreme-court-obama-epa-climate-change/) doesn’t magically disappear because one of the 5 is now deceased. (If only.) It was a formal ruling, it’s out there, it’s in effect until the courts have decided the challenge to the regs. Yeah. At least it’s only a temporary block (bad as that will be on many fronts), though. As was said up-thread: a non-functional (if 4 -4 decisions become common) Court is better for the nation in many respects, as the Court has been (in the Roberts era) agreeing to rule on the more-progressive decisions by lower courts–with a view toward overturning those decisions. The less of that, the better off we’ll be. ---
**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\ **Post date:** [February 14, 2016, 10:53pm UTC](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052/180 "2016-02-14T22:53:17Z")
> [@BrainGlutton](#): > > One shudders to think who or what Trump would appoint. Just FTR, a Justice doesn’t even have to be a _lawyer_, although all so far have been. [Previous page](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052.md?page=8) [Next page](https://boards.straightdope.com/t/this-election-has-just-changed-justice-scalia-has-died/746052.md?page=10)