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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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1 posted on 02/13/2016 7:57:31 PM PST by 2ndDivisionVet
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To: 2ndDivisionVet

Constitutional crisis?

What are they smoking over at Slate?


2 posted on 02/13/2016 7:58:42 PM PST by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: 2ndDivisionVet

We have been in a constitutional crisis for a long time - it’s just that a lot of people haven’t realized it yet.


3 posted on 02/13/2016 7:58:51 PM PST by Jim W N
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To: 2ndDivisionVet

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


4 posted on 02/13/2016 8:00:52 PM PST by 11th_VA (It's all gonna change once Trump's president)
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To: 2ndDivisionVet

No. We have the congress and Senate. FUBO.


5 posted on 02/13/2016 8:01:41 PM PST by soycd
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To: 2ndDivisionVet; BenLurkin; Jim 0216

Nah, Obama will almost certainly nominate someone as is his right. And the Senate will almost certain ignore it as is their right.

And Scotus will have some 4:4 votes that confirm the lower courts rulings until such time as the position gets filled. I’d actually expect SCOTUS will delay hearing the more controversial cases.


6 posted on 02/13/2016 8:02:59 PM PST by DannyTN
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To: 2ndDivisionVet

Of course, if the GOP loses the Senate, the Rats could probably conviegn before Obama leaves office. So I can tell you now, at this very moment, the DNC is doubling the dollars to go after weak GOP Senators


7 posted on 02/13/2016 8:03:42 PM PST by 11th_VA (It's all gonna change once Trump's president)
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To: 2ndDivisionVet

Withholding consent on whatever NAZI turd Obama nominates would create a “constitutional crisis”? Where is it written we have to eat **** and like it?


8 posted on 02/13/2016 8:03:48 PM PST by Impy (They pull a knife, you pull a gun. That's the CHICAGO WAY, and that's how you beat the rats!)
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To: BenLurkin

Lots of upcoming rulings with the possibility of a 4-4 vote.


9 posted on 02/13/2016 8:03:56 PM PST by tbw2
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To: tbw2

Who knows? Maybe Ginsburg will have the decency to croak. Then the votes will be 4-3


10 posted on 02/13/2016 8:05:22 PM PST by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: Jim 0216
Oh, a lot of people realize it. They just haven't voted out enough bought-and-paid-for RINOs to get anything done about it.


11 posted on 02/13/2016 8:05:29 PM PST by Viking2002 (The Avatar is back by popular request.)
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To: DannyTN; 2ndDivisionVet; BenLurkin; Jim 0216

What if Obama makes a recess appointment while the Senate is out? Don’t put it past him.


12 posted on 02/13/2016 8:05:32 PM PST by Pining_4_TX (All those who were appointed to eternal life believed. Acts 13:48)
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13 posted on 02/13/2016 8:05:57 PM PST by DoughtyOne (the Free Republic Caucus: what FReepers are thinking, 100s or 1000s of them. It's up to you.)
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To: DannyTN

4:4 would keep Obama Amnesty in check for now


14 posted on 02/13/2016 8:06:12 PM PST by 11th_VA (It's all gonna change once Trump's president)
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To: 2ndDivisionVet

Obama’s executive orders should have resulted in a Constitutional crisis, but the GOP is not an opposition party.


15 posted on 02/13/2016 8:07:12 PM PST by kabar
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To: Pining_4_TX

Recess appointments only serve for a limited time, as I recall.


16 posted on 02/13/2016 8:08:17 PM PST by 2ndDivisionVet (TED CRUZ 2016)
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To: 2ndDivisionVet

The more I think about the alledged facts of this event, the more I smell corruption and criminality. I have a strong feeling that there IS foul play involved. Look at who is investigating this? The Feds. Is there any chance that the truth will get out without independence in this fact finding?

Vince Foster, again.


17 posted on 02/13/2016 8:08:23 PM PST by fwdude
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To: 2ndDivisionVet

I hope so, even though that person could do a lot of damage in a short time.


18 posted on 02/13/2016 8:09:09 PM PST by Pining_4_TX (All those who were appointed to eternal life believed. Acts 13:48)
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To: Pining_4_TX

My bet the Recess appointment has already been signed. Obama will say since McConnell stated he wouldn’t convene the Senate to consider his appointment, he will obey the will of the people that appointed him ... Blah blah blah


19 posted on 02/13/2016 8:09:15 PM PST by 11th_VA (It's all gonna change once Trump's president)
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To: 2ndDivisionVet

A: No. SCOTUS originally had 6 members. 8 is enough.


20 posted on 02/13/2016 8:10:21 PM PST by Cboldt
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