U.S. Supreme Court Justice Antonin Scalia has died
1–10 of 382 posts
Re: U.S. Supreme Court Justice Antonin Scalia has died
#2This has been confirmed by the governor of Texas.
Re: U.S. Supreme Court Justice Antonin Scalia has died
#3A judge quoted in the article said, "my educated guess is nothing will happen before the next president is elected."
Presumably he's talking about selecting a replacement to the supreme court. Is this accurate? How long does this process typically take?
Re: U.S. Supreme Court Justice Antonin Scalia has died
#4Let's remember him as the man who opposed marriage equality and help to appoint George W. Bush president.
http://www.theguardian.com/law/2016/feb/13/supreme-court-jus...
"Maybe, in death, Scalia will meet the original Constitution framers and find out their true intent. Assuming they too are burning in hell" --https://twitter.com/lindsaygoldwert/status/69863873479173324...
Re: U.S. Supreme Court Justice Antonin Scalia has died
#5A judge quoted in the article said, "my educated guess is nothing will happen before the next president is elected." Presumably he's talking about selecting a replacement to the supreme court. Is this accurate? How long does this process typically take?
That struck me as premature and unlikely. There's 11 months left in Obama's term, after all. That seems like enough to get a replacement in there.
Re: U.S. Supreme Court Justice Antonin Scalia has died
#6A judge quoted in the article said, "my educated guess is nothing will happen before the next president is elected." Presumably he's talking about selecting a replacement to the supreme court. Is this accurate? How long does this process typically take?
Well, considering that the Presidential election is this year... (the Republican) Congress will not confirm any nomination from President Obama before the election is over. So, I imagine that the appointment won't happen until after the election cycle. This makes the Congressional races a bit more interesting.
edit/ Some words.
Re: U.S. Supreme Court Justice Antonin Scalia has died
#7Justice Antonin Scalia reads Heller(2008)[1] for the majority: https://s3.amazonaws.com/oyez.case-media.ogg/case_data/2007/...
Re: U.S. Supreme Court Justice Antonin Scalia has died
#8A judge quoted in the article said, "my educated guess is nothing will happen before the next president is elected." Presumably he's talking about selecting a replacement to the supreme court. Is this accurate? How long does this process typically take?
Well, considering that the Presidential election is this year... (the Republican) Congress will not confirm any nomination from President Obama before the election is over. So, I imagine that the appointment won't happen until after the election cycle. This makes the Congressional races a bit more interesting. edit/ Some words.
Won't they be under an awful lot of pressure considering it will be obvious they are obstructing normal business?
Re: U.S. Supreme Court Justice Antonin Scalia has died
#9A judge quoted in the article said, "my educated guess is nothing will happen before the next president is elected." Presumably he's talking about selecting a replacement to the supreme court. Is this accurate? How long does this process typically take?
Unlikely to be correct re: nomination, though it's difficult to know how the election will effect the confirmation process, and vice versa. Kagan was nominated May 2010 and confirmed August 2010; Sotomayor was nominated May 2009 and confirmed August 2009. I'm inclined to expect a nomination sooner rather than later, potentially of a candidate with very strong Democratic support. If Republicans oppose the nomination, that could be used as political leverage against them during the election.
Edit for some further thoughts: I could see this play out several different ways. Dems could potentially stall on the nomination, to maximize the "gamesmanship" rhetoric leverage of any Republican opposition to the nomination. But if the nominee were confirmed by June, the whole thing might be largely forgotten by the election in November. So potentially, we could see a very quick confirmation. This definitely is a massive boon to the Democratic party; they've just been handed a wildcard and have every ability to choose exactly how to play it.
I'm no fan of dehumanizing death, but Scalia's death will have enormous ramifications. Keep in mind:
1. Burwell v Hobby Lobby (private corporate responsibility for birth control re: Obamacare) was 5-4
2. Legal pragmatism arguments against criminal justice matters under equal protections grounds have already been very close to succeeding (or actually have). Could mean the end of the death penalty in the US.
3. Scalia opposed Guantanamo inmates' ability to challenge their detention in US Courts in the Boumediene v Bush decision
4. Scalia consistently opposed expansion of national healthcare
5. Citizens United was 5-4 with Scalia supporting the decision (this is what created superPACs), so potentially this could result in a limitation of corporate personhood
6. Potential liberalization and modernization of intellectual property rules, particularly in context of software (see: denial of certiorari of https://en.wikipedia.org/wiki/Oracle_America,_Inc._v._Google...)
Further edit: SCOTUSblog analysis on the political situation: http://www.scotusblog.com/2016/02/first-reactions-on-the-pas...
Re: U.S. Supreme Court Justice Antonin Scalia has died
#10A judge quoted in the article said, "my educated guess is nothing will happen before the next president is elected." Presumably he's talking about selecting a replacement to the supreme court. Is this accurate? How long does this process typically take?
Seems like it usually takes a month or two for presidents to appoint someone new, and this might be affected by the supreme court's schedule, too.
The game theory of this is interesting, for instance, what if Obama nominates someone that is seen as more moderate than someone that Hillary or Sanders would nominate?