-The successor: President Barack Obama says he intends to nominate a new justice to replace Scalia “in due time“, waiting for the Senate to return from recess.
In the upcoming months, the U.S. Supreme Court was expected to decide hot-button cases on abortion, labor unions, affirmative action and immigration policies. With Scalia, the court leaned conservative 5-4.
What does Scalia’s death mean for current Supreme Court cases? So the death of Justice Scalia has the potential to turn this union case – and by extension the powerful union politics in California – completely upside down. There is ample evidence of presidents nominating justices in their final year in office to dispel any campaign rhetoric about some other kind of precedent that would call for the president to leave the position vacant.
Grassley, R-Iowa, was one of several Republicans at a July 14, 2008, forum who argued against delays in the consideration and confirmation of then-President George W. Bush’s judicial nominees by the Senate’s then-Democratic majority. He released a statement, saying, the vacancy should “not be filled until we have a new president”. “He says he has the power to basically cripple entire industries like coal without ever having been given that power by Congress. So see, we have a Constitutional debate on whose powers is it, the president or Congress?”. Thanks to a decision by the Supreme Court in 2014, where Obama was denied some NLRB recess appointments, Republicans in the Senate may be able to structure an adjournment to prevent the president from making a recess appointment. “This seeming obsession with this rule that doesn’t exist is just an excuse for our colleagues to run out the clock on qualified nominees who are waiting to fill badly needed vacancies”.
That leaves Obama with the strategic option of nominating someone very moderate and in theory eminently conformable – like Judge Sri Srinivasan of the U.S. Court of Appeals for the D.C. Circuit. “If a Republican wins the presidency, that is maybe worth gambling for”, he said.
“No, I am pro-choice in every respect”, Trump says.
“We need at least five people like that on the Supreme Court”, Rubio added, insisting that if it doesn’t happen, “The Constitution is in a lot of trouble”.
“The president seeks judges who understand that justice is not about some abstract legal theory, or a footnote in a casebook, but it is also about how our laws affect the daily realities of peoples’ lives”, Schultz said. Al Franken – both members of that committee – will make a loud and persistent case for conducting prompt hearings on whomever the president nominates.