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Could Justice Antonin Scalia’s Death Lead to a Constitutional Crisis?
Slate ^ | February 13, 2016 | Jamelle Bouie, chief political correspondent.

Posted on 02/13/2016 7:57:31 PM PST by 2ndDivisionVet

ust five minutes after the San Antonio Express-News broke news of Supreme Court Justice Antonin Scalia's death, Conn Caroll, communications director for Utah Republican Mike Lee, who sits on the Senate Judiciary Committee, said this on Twitter: "What is less than zero? The chances of Obama successfully appointing a Supreme Court Justice to replace Scalia?"

Just 30 minutes later, Texas Sen. Ted Cruz chimed in to say the same. "Justice Scalia was an American hero. We owe it to him, & the Nation, for the Senate to ensure that the next President names his replacement," he said on Twitter.

National Review writer Charles C.W. Cooke, like other conservative pundits, followed suit with a similar statement. "Senate must simply refuse to appoint anybody. Would be outrageous to replace a giant like Scalia with a minnow like Sotomayor."

Scalia's death was an incredible shock. This conservative reaction is not.

The last Supreme Court Justice to die in office was William Rehnquist, who passed away on Sept. 3, 2005. By the end of the month, President George W. Bush had picked his replacement--John Roberts of the D.C. Circuit Court of Appeals, originally named to fill Sandra Day O'Connor's seat--and the Senate had confirmed it....

(Excerpt) Read more at slate.com ...


TOPICS: Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: bhoscotus; cruz; scalia; scotus; supremecourt
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To: soycd

You forget that “we” includes the Leftist Maine twins and the homo-Marxist Illinois Senator Mark Kirk, not to mention other impostors.


21 posted on 02/13/2016 8:10:39 PM PST by fwdude
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To: fwdude

The leftist Maine twins are now King and Collins, FWIW. Snowe is out of there.


22 posted on 02/13/2016 8:11:48 PM PST by Cboldt
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To: BenLurkin

Well if the Senate adjourns for the spring or Summer then Obama can appoint a Supreme Court Justice..maybe that is what they were talking about constitutional crises!!! What they need to do is appoint people that are not up for election to keep the Senate in session.. That will keep Obama from appointing a justice while they are not in session.


23 posted on 02/13/2016 8:12:35 PM PST by tallyhoe
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To: 2ndDivisionVet

I’m thinking that it is going to be more like a Civil War. The commies want to add another freak to their freak show.


24 posted on 02/13/2016 8:13:36 PM PST by FlingWingFlyer (02-13-2016. America's Blackest Day.)
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To: 11th_VA
Where’s the Constitutional Crisis? The Senate can delay as long as they want. If they gave in, they’d lose the Senate in the fall.

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

That is ALL the Constitution says about the composition of the Supreme Court. Heck, the Congress could reduce the Supreme Court to one judge or give every citizen in the entire nation a seat on the court and it would be perfectly constitutional.

25 posted on 02/13/2016 8:13:40 PM PST by apillar
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To: 2ndDivisionVet

Leave it to leftists to call the Senate’s right to advice and consent in the nomination process as a “constitutional crisis.”


26 posted on 02/13/2016 8:15:47 PM PST by NYRepublican72 (Democrats -- it's always someone else's fault.)
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To: 2ndDivisionVet

Being down one Justice will not through the nation into the pits of hell. Jeez Louise—don’t the teach anything anymore? In case of an equal split it goes to whatever the last lower court ruled.


27 posted on 02/13/2016 8:17:13 PM PST by abigkahuna (How can you be at two places at once when you are nowhere at all?)
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To: 2ndDivisionVet

W was not a lame duck when he appointed Roberts. Apples and oranges.


28 posted on 02/13/2016 8:20:34 PM PST by VerySadAmerican (Crouch down and lick the hands which feed you. - Sam Adams)
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To: tallyhoe
Well if the Senate adjourns for the spring or Summer then Obama can appoint a Supreme Court Justice..maybe that is what they were talking about constitutional crises!!! What they need to do is appoint people that are not up for election to keep the Senate in session.. That will keep Obama from appointing a justice while they are not in session.

They are not that stupid. They will technically keep the Senate in session by holding proforma sessions, which they already have been doing during down times, to prevent just this scenario with other presidential appointees. Basically one Senator comes in each day and gavels the senate to order then immediately ends the business day (they are not in recess until they haven't had a session for 3 days). Ironically, Obama, just a couple years ago, tried to make a recess appointment to the NLRB during one of these proforma sessions by saying the Senate was not really in session. He got smacked down by the Supreme Court who ruled that the recess appointments were unconstitutional and the Senate decides if they are in session or not, not the president. Permanently closing that avenue to Obama.

29 posted on 02/13/2016 8:23:09 PM PST by apillar
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To: 2ndDivisionVet

This has been an issue before. The Senate doesn’t usually accept lame duck nominees. Nothing wrong with it at all.


30 posted on 02/13/2016 8:26:20 PM PST by Politicalkiddo ("Death be not proud, one short sleep past, we wake eternally, and death shall be no more.."- J.Donne)
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To: 2ndDivisionVet

Where can I place a bet that Obama gets a nominee confirmed by the Senate well before even November? Probably by summer.


31 posted on 02/13/2016 8:27:47 PM PST by gg188 (Ted Cruz, R - Goldman Sachs)
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To: BenLurkin

I thought slates financial problems bankrupted them.
Apparently, it just bankrupt journalism.


32 posted on 02/13/2016 8:28:54 PM PST by Sasparilla (Hillary for Prosecution 2016)
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To: Jim 0216

To be in a “constitutional crisis,” the citizens would have to awake from their comas and stupors. They’d also have to believe the constitution has meaning and a role in governance. They’ve been taught for two generations it’s a worthless piece of parchment written by old dead white men. So how in the world can the US have a constitutional crisis?


33 posted on 02/13/2016 8:29:40 PM PST by ProtectOurFreedom
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To: 2ndDivisionVet
"What is less than zero? The chances of Obama successfully appointing a Supreme Court Justice to replace Scalia?"

If that is true, why'd the Repubs give Obama EVERYTHING and MORE that he wanted to spend and every program he wanted to fund until the end of the fiscal year in which he leaves office?

This is bravado. Or just bs. WHEN have the Repubs done ANYTHING that would indicate they will NOT confirm whoever Obama puts up there?

34 posted on 02/13/2016 8:29:47 PM PST by gg188 (Ted Cruz, R - Goldman Sachs)
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To: abigkahuna
Being down one Justice will not through the nation into the pits of hell. Jeez Louise—don’t the teach anything anymore? In case of an equal split it goes to whatever the last lower court ruled.

Yeah, the liberal media and the democrats are going to play this up like its the end of democracy (probably with one of those countdown clocks to judicial Armageddon on the nightly news) if Obama's nominee isn't rushed through (even though it typically takes 3 or 4 months even with the normal nomination process). What most people don't realize is that the Supreme Court can and does operate quite normally with 8 members (and in the past even 7 or 6). Nothing that could happen with 9 can't happen with 8 except I suppose the chance for a tie vote increases, which just upholds the lower courts ruling on the issue at hand.

35 posted on 02/13/2016 8:32:41 PM PST by apillar
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To: BenLurkin

Pelican Brief #2.


36 posted on 02/13/2016 8:34:29 PM PST by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto!)
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To: Pining_4_TX

And the gop will fold like a cheap suit


37 posted on 02/13/2016 8:34:48 PM PST by Breto (Stranger in a strange land... where did America go?)
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To: 2ndDivisionVet

Perhaps. But it is more likely to lead to Civil War, IMO.


38 posted on 02/13/2016 8:35:55 PM PST by Pox (Good Night. I expect more respect tomorrow.)
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To: apillar

Don’t forget the NLRB v Noel Canning went 9-0! It’s hard for the commies to argue against 9-0. Imagine their screeching if it had gone 5-4 with Scalia being the deciding vote.

The opinion was written by Breyer. Justice Scalia filed an opinion concurring in the judgment, which Chief Justice Roberts, Justice Thomas, and Justice Alito joined.


39 posted on 02/13/2016 8:36:11 PM PST by ProtectOurFreedom
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Does anybody actually believe based on the senates record of doing everything O’Bunghole wants that they will not hesitate to confirm whatever wise black transspecies transexual wiccan lesbian he nominates? I believe whover obastard nominates will not only be confirmed almost unanimously but will also happen post haste.


40 posted on 02/13/2016 8:36:18 PM PST by dsrtsage (One half of all people have below average IQ. In the US the number is 54%)
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