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The Senate tradition at issue when replacing Scalia
An outspoken opponent of abortion, affirmative action, and what he termed the “so-called homosexual agenda”, Justice Scalia’s intellectual rigor, flamboyant style, and eagerness to debate his detractors energized conservative law students, professors, and intellectuals who felt outnumbered by liberals in their chosen professions.
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Elizabeth O’Hara is a spokeswoman for the El Paso Catholic Diocese.
Now with the political balance of the court even at 4-4, numerous high-profile cases currently under consideration may not be resolved during this judicial session.
Sri Srinivasan could become the first Indian-American to be on the bench of the US Supreme Court after conservative icon Justice Antonin Scalia’s sudden death gave rise to speculation that President Barack Obama may nominate the moderate judge who enjoys impeccable bipartisan support. Other significant cases in which the Court may now be equally divided include Evenwel v. Abbott (on the meaning of the “one person, one vote” guarantee), the cases challenging the accommodation for religious organizations under the Affordable Care Act’s contraceptive mandate, and the challenge to the Obama administration’s immigration policy. Drafts of this opinion then circulate among those justices who voted in the majority, for comments and potential revisions.
At least three of the Republican Presidential candidates-Ted Cruz, Marco Rubio, and Ben Carson-also called for the replacement of Scalia to be delayed until after the election. However, pressure was already mounting on Senate Republicans to close the tap on the nominee pipeline before Scalia’s death.
If Obama can’t nominate a successor to Scalia and get the justice confirmed, it will be nearly a year until a new president can be inaugurated and nominate a replacement.
His position was echoed by several Republicans seeking the GOP presidential nomination. Sen.
With a half-dozen or more major cases before the court, Obama said he planned “to fulfill my constitutional responsibility to nominate a successor in due time”. Some Republicans, including Majority Leader Mitch McConnell, say the decision should rest with the next president in January 2017.
If Obama does nominate a justice quickly, should he pick a liberal whose rejection will galvanize Democratic voters to turn out for the party’s nominee in November, in hopes of a second chance? “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 noted in a statement.
Clinton is in the midst of a weekend campaign swing through Nevada. “Given his choices of Supreme Court justices in the past, the Senate of the United States should not confirm someone who is out of the mainstream”.
Bonneau said it’s understandable for Republicans to choose delay. And he expects the Senate to reject that nominee.
Democrats immediately raised objections.
“There is no more clarifying debate in politics these days than when it comes to Supreme Court nominees”, said Jim Manley, a Democratic strategist and former aide to Senator Harry Reid of Nevada. And, just as critically, are they really certain that a presidential election entirely focused on the impact of the court on American life-as this one surely now will-plays to their advantage? “We will always remember Justice Antonin Scalia his lasting legacy”.
“Senator Mike Lee also offering his condolences to the Scalia family saying, “…The Justice and his family are in our prayers. “We start therefore with a strong presumption that the Second Amendment right is exercised individually and belongs to all Americans… some think that the Second Amendment is outmoded… that is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct”.
A US flag flies at half-staff in front of the Supreme Court on Saturday, Feb 13, 2016, after it was announced that Justice Antonin Scalia, 79, had died.
The U.S. Marshals Service in Washington confirmed Scalia’s death at a private residence in the Big Bend area of West Texas.
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Before the late Mr. Scalia was found dead in his bed on Saturday morning, he was one of a quartet of serious geezers on the court.