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U.S. Supreme Court Justice Antonin Scalia has died

nytimes.com

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Re: U.S. Supreme Court Justice Antonin Scalia has died

#51

Post by gk1 »

nbadg wrote: post #9
udfalkso wrote: post #3

A 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,…

> If Republicans oppose the nomination, that could be used as political leverage against them during the election.

"Them" being Republicans, or Democrats? Trying to understand.

Re: U.S. Supreme Court Justice Antonin Scalia has died

#52

Post by x0x0 »

nbadg wrote: post #9
udfalkso wrote: post #3

A 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,…

Of course, the fear that democrats may take both the presidency and the senate might motivate senate republicans to make a deal now, since there's a nonzero chance an immediate deal comes with maximal leverage.

Re: U.S. Supreme Court Justice Antonin Scalia has died

#53

Post by PKop »

aklemm wrote: post #8
scruple wrote: post #6

Earlier quoted context omitted.

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?

I said this above, but I'll repeat: if they do not reject, their Republican base will revolt and not vote in the upcoming election. They will absolutely be expected to reject and oppose until Obama is out of office. There are 2 sides in the political game, remember. And since supreme court nominations are so important, and this changes the balance, voters will demand they reject his nominees.

Re: U.S. Supreme Court Justice Antonin Scalia has died

#54

Post by [deleted] »

work-on-828 wrote: post #17
vonnik wrote: post #4

Let'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...

As someone who strongly supports marriage equality and read the full opinion when it came out, I was kinda dismayed to find the dissent a more convincing argument. Did anyone else experience this?

[deleted]

Re: U.S. Supreme Court Justice Antonin Scalia has died

#55

Post by ktamura »

growlix wrote: post #32

Let us honor Justice Scalia's memory by refraining from interpreting or contextualizing any prose for the remainder of the day.

Indeed. While my beliefs have often diverged from the Justice's, his writing has been riveting to read and inspired me to improve my own.

America has lost a towering intellectual, and for that, I mourn today.

Re: U.S. Supreme Court Justice Antonin Scalia has died

#56

Post by mikeyouse »

jqm wrote: post #18
hwstar wrote: post #12

Things are going to get very interesting with the pending court decisions coming at the end of June.

Right? But worst case, they can probably deduce how Scalia would have voted (which certainly wouldn't be allowed even though it's likely to be pretty accurate in this case).

Split decisions affirm the lower court's rulings.. So the initial Appellate Court decisions are probably a good barometer to see where things will land. The ever-helpful SCOTUSBlog with a bit more background:

http://www.scotusblog.com/2016/02/what-happens-to-this-terms...

Re: U.S. Supreme Court Justice Antonin Scalia has died

#57

Post by SturgeonsLaw »

aklemm wrote: post #8
scruple wrote: post #6

Earlier quoted context omitted.

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?

This has been one of the most obstructionist congresses in recent history, far from being under pressure, I would call it business as usual for them.

Re: U.S. Supreme Court Justice Antonin Scalia has died

#58

Post by ck2 »

Now we get to see the first ever anonymous hold put on a nomination for the supreme court.

It's the only way they can try to run out the clock on Obama.

Or come up with some kind of fake moral outrage.

Can you imagine Trump picking the next three Supreme Court judges? It would set back America for decades.

Re: U.S. Supreme Court Justice Antonin Scalia has died

#59

Post by djcapelis »

vonnik wrote: post #4

Let'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...

> the man who opposed marriage equality

You realize you're talking about one of the five justices who voted to overturn prop 8, right?

He did oppose marriage equity, but reducing a person to generalizations isn't as easy as people make it out to be. I won't be celebrating today.

If you can't be respectful of Scalia, be respectful of the fact that Ruth Bader Ginsburg lost a close personal friend today.

Re: U.S. Supreme Court Justice Antonin Scalia has died

#60

Post by ck2 »

udfalkso wrote: post #3

A 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?

Any senator can put an anonymous hold on any nomination.

It's never been used for a supreme court judge.

This will most likely be the first time and it will be a new low.

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