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+--- Thread: Supreme Court Justice Scalia dead (/showthread.php?tid=188061)
Re: Supreme Court Justice Scalia dead - Ombligo - 02-14-2016
Also here is the practical effect of Scalia's passing --
Votes that the Justice cast in cases that have not been publicly decided are void. Of course, if Justice Scalia’s vote was not necessary to the outcome – for example, if he was in the dissent or if the majority included more than five Justices – then the case will still be decided, only by an eight-member Court.
If Justice Scalia was part of a five-Justice majority in a case – for example, the Friedrichs case, in which the Court was expected to limit mandatory union contributions – the Court is now divided four to four. In those cases, there is no majority for a decision and the lower court’s ruling stands, as if the Supreme Court had never heard the case.
Re: Supreme Court Justice Scalia dead - Grateful11 - 02-14-2016
Black wrote:
[quote=PeterW]
Umm no, Obama gets to NOMINATE a SCOTUS justice. The Senate will not even act on the nomination prior to next January.
Sawed on the internets so could be wrong: The longest the Senate has ever stalled on a nominee is 125 days, and Obama has 361 days left of his presidency.
I like this. If there was a Republican in the Whitehouse he would be saying just the opposite.
"The American people should have a voice in the selection of their next Supreme Court Justice," Majority
Leader Mitch McConnell (R-Ky.) said in a statement. "Therefore, this vacancy should not be filled until we
have a new President."
Re: Supreme Court Justice Scalia dead - Dennis S - 02-14-2016
Is there a list of the pending cases and the lower court decisions that will come into play?
Re: Supreme Court Justice Scalia dead - graylocks - 02-14-2016
There is the related question of the Court becoming an issue in the election. Before today, it was unlikely that many voters would choose a presidential candidate for this reason,
actually, SCOTUS appointments and decisions have been part of my argument to Sanders supporters as to why electability matters.
Because there remains almost a year in his Term, President Obama is likely to feel an obligation to put forward a nominee rather than completely accede to Republican objections to confirming anyone.
so who would be the willing sacrificial lamb since any name Obama puts forward would undergo the scrutiny without the slightest chance of actually getting the job? such a fun position to be in for the next few months. do you hold your cards and not nominate who the next hopefully democratic president might really want so that candidate's cred isn't squandered?
Re: Supreme Court Justice Scalia dead - stephen - 02-14-2016
RIP. I did not share his politics, but we shared a country.
Re: Supreme Court Justice Scalia dead - Lemon Drop - 02-14-2016
Dennis S wrote:
Is there a list of the pending cases and the lower court decisions that will come into play?
Yes, it's pretty frightening especially for women. If Whole Woman’s Health v. Hellerstedt stands in a 4-4 split, then states can pretty much close down all abortion clinics if they want.
http://thinkprogress.org/justice/2016/02/13/3749464/the-simply-breathtaking-consequences-of-justice-scalias-death/
Re: Supreme Court Justice Scalia dead - Lux Interior - 02-14-2016
"The American people should have a voice in the selection of their next Supreme Court Justice," Majority Leader Mitch McConnell (R-Ky.) said in a statement. "Therefore, this vacancy should not be filled until we
have a new President."
He's totally correct.
If you assume that the current POTUS was not elected.
But he was.
Re: Supreme Court Justice Scalia dead - wave rider - 02-14-2016
Grateful11 wrote:
[quote=Black]
[quote=PeterW]
Umm no, Obama gets to NOMINATE a SCOTUS justice. The Senate will not even act on the nomination prior to next January.
Sawed on the internets so could be wrong: The longest the Senate has ever stalled on a nominee is 125 days, and Obama has 361 days left of his presidency.
I like this. If there was a Republican in the Whitehouse he would be saying just the opposite.
"The American people should have a voice in the selection of their next Supreme Court Justice," Majority
Leader Mitch McConnell (R-Ky.) said in a statement. "Therefore, this vacancy should not be filled until we
have a new President."
What the heck is McConnell thinking? The constitution says appoint, not elect supremes as I remember.
Re: Supreme Court Justice Scalia dead - rz - 02-14-2016
Lux Interior wrote:
"The American people should have a voice in the selection of their next Supreme Court Justice," Majority Leader Mitch McConnell (R-Ky.) said in a statement. "Therefore, this vacancy should not be filled until we
have a new President."
He's totally correct.
If you assume that the current POTUS was not elected.
But he was.
Yup.
Re: Supreme Court Justice Scalia dead - Filliam H. Muffman - 02-14-2016
There are still something like 320 Obama appointments still waiting to be approved. I think the longest one is close to 3 years. Being an election year, they need to vote down Obamacare another 20 times.