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msh's avatar

How will Antonin Scalia's death affect the Supreme Court decisions due out in session?

Asked by msh (4270points) February 13th, 2016 from iPhone

Antonin Scalia passed away in his sleep while vacationing on a hunting jaunt in Texas, today. Barack Obama is almost out of office, but not quite. Will he get someone he wants on the Supreme Court? Or will it be stalled by the Senate the House and “Their Special Lobbyists”? What about the decisions that are scheduled? Will this hold until the newly elected President takes office? Legally, will Republicans be able to stall another appointment? Will Democrats want it handled now – or delayed? Is the midnight oil going to be burning in Washington’s backrooms tonight?

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23 Answers

msh's avatar

Mispelled his name- can’t chew gum now or all would be lost.
Antonin Scalia.
Conservative.
His interpretation of the Constitution influenced by his own views.
Polite, yet, witty.
Even liberal/ conservative votes now. Appointment will be a major political point.
Wrigley’s gum, I believe.

stanleybmanly's avatar

We’re in for one hell of a show!

filmfann's avatar

The court will split 4–4 on many decisions, and those cases will be reheard.

RedDeerGuy1's avatar

Maybe we will get a new definitions of punishment and torture for the detanies in Gitmo. Judge Antonin Scalia. messed around with the details that torture isn’t punishment and can’t be called cruel and unusual punishment. So they can’t be set free.
With Justice Antonin Scalia death Gitmo prisoners can try to appeal their mistreatment and be set free.

I don’t know who will replace him.

msh's avatar

So who will it be?
Conservative or Liberal?
Whose appointment if under a year to decide?

Seek's avatar

Obama has 361 more days in office. The current record for amount of time to appoint a justice is 125 days.

We’ve got this.

filmfann's avatar

My math has 342 left.

Seek's avatar

I remembered the numbers incorrectly from earlier today. I apologise.

ibstubro's avatar

With the specter of a potential Trump or Sanders presidency looming, a President and Congress worth their salt should have a replacement before March.

But they aren’t, so they won’t.

msh's avatar

So…then this all could possibly turn out to set a precedents?

LostInParadise's avatar

In the short term, it looks like everything will be put on hold, since it is unlikely that Obama will get the 14 Republican votes needed to confirm any nomination. That means a lot of 4–4 splits until the next president gets elected.

stanleybmanly's avatar

The Repubs want to stall any appointment to deny Obama the chance to appoint Scalia’s replacement. But they’re in a real bind. Because come November if the Democrats keep the White House and retake the Senate a liberal justice is assured over whom they will have no say whatsoever. So the choice is to either use their control now to push Obama as far right in a choice as manageable or risk it all on November.

Judi's avatar

@stanleybmanly , where, if, on the outside chance they do win the precedence they will get Trump who is a real wildcard. He could put up Saul Goodman since he’s basically an entertainer

stanleybmanly's avatar

@Judi I love that character. I threw away an entire day binge watching season 1.

Judi's avatar

I hate auto correct and that I can’t go back and write Presidency over again.

stanleybmanly's avatar

Yeah. The damned phone drives me crazy with that crap.

Brian1946's avatar

@Judi Can’t you turn off your auto correct?

Judi's avatar

I don’t know. I think I wrote that on my MAC and it doesn’t usually do it. My iPhone does it ALL the time! Really I just need to proof read before I press send!

msh's avatar

This is all not going to be good unless Obama chooses quickly.
After all, Reagan pulled it off in the same scenario time/office-wise.

ibstubro's avatar

I’m sure Obama has a nominee ready, @msh. They keep a prepared list.

Decorum dictates, however, not only that the body be cold, but safely stowed away before the list is revealed.

msh's avatar

Well, the list was out before the 24 hours were up. Quite honestly, I believe that list was drawn up for persons other than Scalia in mind. He just beat them to the punch. The next president will have time to appoint justices on their own. Let’s hope it’s under better circumstances.

Brian1946's avatar

Wow, how controversial- a President doing Presidential things in his last year! ;-)

But wait:

Justice Kennedy was confirmed in Reagan’s last year of office. Clearly he’s illegitimate and his rulings must be voided, including the one that made GW Bush president.
This would void Bush’s appointees, Roberts and Alito.

That would give the SCOTUS a 4–1 liberal majority.

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