Then what was Scalia doing in Texas?!
Dying
Huger than Taft?! He’ll have to scout the sideshows!
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.
Celebrating the three-day weekend, I assume.
Left for the long weekend.
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.
Long indeed.
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. 
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?
I’m already picturing Ted Cruz saying that he would nominate Roy Moore if he wins. :eek:
He don’t mind the sun sometimes.
Weekend at Tony’s? 
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.
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.
The Republicans should worry about blocking Obama’s nominee, a Democrat wins the presidency and nominstes Obama.
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
Link 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.
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 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.
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.