Justice Antonin Scalia’s death immediately triggered a monumental election-year battle in Washington over whether President Barack Obama should choose a successor who could tilt the Supreme Court toward liberals.
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Albright said that Scalia’s Conservative approach and strict interpretation of the Constitution will likely be what makes the most impact to Indiana’s political legacy.
For Roberts and the Supreme Court, Scalia’s death will complicate how an eight-person panel of Justices will settle pending decisions. “His legal opinions will be studied for years and he will undoubtedly be remembered as one of America’s greatest Supreme Court justices”.
In his statement on Saturday, Mr. Leahy said: “I hope that no one will use this sad news to suggest that the president or the Senate should not perform its constitutional duty”. Loss of the Senate along with the election of a Democratic president could result in a new justice less appealing to Republicans than one appointed by Obama.
Sen. Harry Reid said it would be unprecedented for the court to leave a vacancy for a year.
Following his statement, the president issued a proclamation ordering flags to be flown at half-staff in honor of Scalia.
“The Republicans in the Senate and on the campaign trail who are calling for Justice Scalia’s seat to remain vacant dishonor our Constitution”, she said. “And we thank them for sharing Justice Scalia with our country, and God bless them all and God bless the United States of America”. The chances of Obama successfully appointing a Supreme Court Justice to replace Scalia?
Saying the nation owes it to Scalia’s memory, Texas senator Ted Cruz tweeted that his colleagues should “ensure that the next President names his replacement”.
The Republican-led Senate would have to confirm any nominee he makes. With only eight justices, some decisions could result in a 4-4 tie. Any 4 to 4 decision will mean the law is left in place, but a constitutional precedent is not to be set meaning a similar case could work its way back to the top court.
“I don’t see any reason he can’t nominate somebody as soon as he’s ready to do that”, Tobias said of Obama.
Minutes before the debate, the president made it clear he plans to do so quickly, and some of the candidates said he completely has the right to do that. An Obama appointment could tip the ideological balance of the court the other way on contentious issues ranging from abortion to capital punishment to government regulation of the economy.
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If Republicans think they can just take President Obama’s presidential powers away from him, they have another thing coming.
