Scalia's death could change court on abortion, race, climate


Justice Antonin Scalia’s death could change the course of history on the contentious social and legal issues pending before the Supreme Court this term, especially in closely divided cases where he was expected to serve as a lynchpin of a conservative majority.

In cases where the eight remaining justices are evenly divided, appeals court rulings would be left to stand, but no precedent would be set for future cases. The justices could also hold cases and leave stays of lower court rulings in place, while awaiting confirmation of a new justice, but it’s unclear if they would do so for nearly a year if the Senate refuses to consider any nominee while President Barack Obama is in office.

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I cannot see the Senate allowing nominees to go through this election year. Even Democrats would have used the same tactic in 2008, the last year of the Bush presidency. I think everyone understands the logic (and justice) of waiting for the election, though that is not what we will hear, of course.


Republicans will not lose any votes by insisting on being presented with a nominee that will meet their approval. Democrats and leftists who will be incensed over such ‘obstructionism’ would never vote for them in the first place.

They will however lose votes for kowtowing to Obama’s will once more.


I hope that’s the case, but nonetheless count on the mainstream media and other left-wing interest groups to try and scare the GOP elites that single women, Hispanics and independents will toss them out the window unless they yet again succumb to a destructive policy of the Obama Administration.

If they do cram another nominee down our throat, I’d imagine at least someone in the freedom-loving Christians who vote for Barack Obama/Joe Biden in 2012 just because of race or a federal paycheck will be “surprised” should their rights are eroded way. :rolleyes:


This is possibly the GOP’s last chance to prove they matter. If they fail again, they’re done. If the situation was reversed, the Democrats would have no problem holding to their own agenda–they always do no matter what.


Right. To the Democratic Senate of 2008 facing this scenario, a total block of nominees would be nothing short of moral obligation, total commitment to the cause, not a moment’s hesitation. That would matter more than the fairness of waiting for the election. I am not quibbling mind you - both are important to Republicans naturally in the same way - justice (morality) and fairness.

I think the Senate will come through on this one - too much election heat. And, here, yes, I will admit, the insurgency of Cruz, Trump, even Rubio was once Tea Party, much more conservative than Trump, 60%+ of the primary GOP votes will, I think, apply quite a bit of pressure going forward on the ‘establishment’ Senators. In a sense, they have this ‘revolt’ as a cover.


I agree.


It sounds like the Republicans have already made up their minds to block any appointee. It’s a big gamble.

Right now, they have the power to at least try to persuade Obama to appoint a moderate. Not what they really want, but possibly somebody they could live with.

If they block, they are rolling the dice on winning the election. If they don’t win, they will likely be very unhappy for a very long time.


O, under no circumstances, will compromise and appoint a moderate. This is the last chance for the GOP to prove that they’re relevant. If they give in one more time, I think that will guarantee a Trump nomination or a total loss.


I agree. Our society is becoming more and more secular, not less.


They have nothing to lose by standing strong, and everything to lose if they fail again.


Presidents have a right to appoint whom they wish and constitutionally I don’t think the Senate has the right to say “we won’t approve anyone you nominate”.
Doing that just invites the Democrats to do the same thing next time they control the Senate.

I suppose it would be wrong to hope lighting would strike the President and Vice President simultaneously so that President Paul could nominate the next Justice.

PS – how about Obama nominates Hillary?


A thought strikes me over-and-over. I can’t help but think we are in a Romans 1 situation, in which God is giving us (the USA) over to our corporate sins. If that is true, than there will be nothing we can do to stop the train coming down the tracks. We still must struggle to turn the culture toward a better direction–yet, if God intends for us to fall under the weight of our sins, than fall we will do.


I don’t know that it really is that big of a gamble. Is there a realistic scenario where the Democrats could retake the Senate this election cycle? I would think the easiest way for the Republicans to lose the Senate and the Presidency would be to demoralize their voters by allowing Obama to appoint a Supreme Court that will overturn Heller, Citizens United, entrench Rowe, and allow further government intrusion in to the Church.


The Texas abortion case that I assumed could plausibly pass 5-4, is now looking at a 4-4 tie at best, which is still good for the pro-life side because I assume the Texas court voted pro-life.

This is assuming a pro-choice guy isn’t put on the court before the case, in which case all the Texas restrictions will be overturned.


Yes, I suppose it would. :rolleyes:


Anybody hear about the possibility of an Obama recess appointment, that would appoint a sitting judge for two years?

His window of opportunity to do this closed on Feb 22.


I heard it could be very damaging if he did that. And he might do it anyways. He hasn’t shown preference or excitement for the Democrats in 2016 and its possible having a progressive legacy would be more important than winning this November.


I am not so sure. If the President nominates an undeniably qualified person for the position…and all the GOP does is delay, delay…it could hurt them. I guess we will all have to wait and see. RIP Judge Scalia.




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