Justice Scalia’s death will trigger long battle over replacement

Justice Antonin Scalia’s sudden death will trigger a protracted battle over his replacement, one that may not end until 2017 after a new president is sworn into office,” as USA Today is reporting

“The Supreme Court is down to eight members and must move forward with a heavy caseload with that number. As such, the court is effectively deadlocked, with four liberals and four conservatives — although Justice Anthony Kennedy often sides with the left.

“That raises the stakes for the nation’s conservatives — in Congress and prominent legal circles — to derail any nominee President Obama puts forward. Within minutes on Saturday, Republican lawmakers and conservative legal experts were demanding that the seat remain empty until the next president is elected.

“Once a period of mourning is completed for one of the country’s legal and judicial icons, however, the White House is sure to devote its attention to a key question: Is there a left-of-center nominee who could win confirmation in the Republican-controlled Senate?

“One name heads that list: Federal appeals court Judge Sri Srinivasan, who Obama put on the U.S. Court of Appeals for the D.C. Circuit. That’s the traditional stepping-stone to the Supreme Court, and Srinivasan won unanimous confirmation with high praise from Republicans.

“Other potential nominees include two of Srinivasan’s colleagues on that court, Judges Patricia Millett and Chief Judge Merrick Garland, who at 63 could be a moderate, compromise choice. Obama is fond of California Supreme Court Justice Goodwin Liu, but he likely would have a tough time getting confirmed, along with many others.

“The most likely scenario at the moment would appear to be something familiar to everyone familiar with Washington: gridlock.”

The rest of the article is here.

Author: jeffpelline

Jeff Pelline is a veteran editor and award-winning journalist - in print and online. He is publisher of Sierra FoodWineArt magazine and its website SierraCulture.com. Jeff covered business and technology for The San Francisco Chronicle for years, was a founding editor and Editor of CNET News, and was Editor of The Union, a 145-year-old newspaper in Grass Valley. Jeff has a bachelor's degree from UC Berkeley and a master's from Northwestern University. His hobbies include sailing and trout fishing.

35 thoughts on “Justice Scalia’s death will trigger long battle over replacement”

  1. You know what? At this point, with the a**hole dying, the court now leans left. With stalemates the lower court rulings will now hold as law. I hope the right holds up nominations for YEARS. These morons are blinded by their own lunacy. They finally have enough rope to hang themselves and lose both houses of Congress as well as the Presidency.

  2. Bruce you are certainly right about the short term and I certainly hope the ‘stupid party’ does not live up to its name by being short-sighted.
    On the other hand I suspect that the President’s refusal to work with the Republicans for seven years may come back to haunt him in this battle.

    1. “President’s refusal to work with the Republicans for seven years”
      What planet have you spent the last 7 years on John???? Does the meeting the day Obama was elected when McConnell and the other deadbeats met and said “don’t work with him” even come up in conversation.
      Before the health care fight, before the economic stimulus package, before President Obama even took office, Senator Mitch McConnell, the Republican minority leader, had a strategy for his party: use his extensive knowledge of Senate procedure to slow things down, take advantage of the difficulties Democrats would have in governing and deny Democrats any Republican support on big legislation.

      Here’s the American Heritage Foundation (ugh) speech in 2010

      But then, what do I know- our paper in this town has an editorial board with birthers and climate science deniers on it.
      Trying to rewrite history should be left in the Texas school system!

      1. Chip, as much as I oppose Mr. Trump in this race, he is spot on about deal making: President Obama has never understood the art of the deal: It has been his way or the highway, no matter how often he tells us anything different.

    2. “On the other hand I suspect that the President’s refusal to work with the Republicans for seven years may come back to haunt him in this battle.”

      John, you’re as delusional as always.

      1. ” President’s refusal to work with the Republicans” — that is the dumbest thing I have ever heard. It obviously comes from someone who has no clue about what has actually occurred but instead relies on the right wing noise machine for information.
        Another example of the right wing imaginary world where what they believe is the exact opposite of reality. How did the republicans get the moniker “the party of NO!” if they “worked” with the President? Answer– they didn’t. The republican party for the last 8 years has done nothing but stall and whine with the sole purpose of making Obama look bad to increase their chances of souring the American public on the Democratic party and seizing control of our government for the billionaires. The coming election could be the most important in American history especially in the arena of climate change. If the Republicans control the government, life as we know it, will cease to exist for our grandchildren. The planet is at the crossroad.

      2. Joe, I have heard many folks say that this or that presidential election is important, but to argue that the whole planet is at stake seems a bit overblown don’t you think?

    3. Respecting a real estate agent/ tv reality show star to be the President of the USA? Art of the Deal? Oh you jokester, you almost had me-

    4. Seems to me the republicans refused to work with the president. Wasn’t it the republicans who went out of their way to make sure the president failed?

      1. Since I think everyone can agree that the ideological balance of the Court for many years to come hangs in the balance, what is wrong with the argument that the Senate leader is making tht this is a decision that should be left to the American people? Are we afraid of what the people might decide when given such a clear choice?

      2. John (as someone already pointed out) your are delusional as usual —
        We should wait until the next president is elected? As long as he’s a right wing republican, other wise we’ll wait until the next president. Or the one after that?
        McConnell will face the inside of his turtle shell and wont know what to do, because he is inept. The minute they found out Scalia OD’d in the arms of a Texas Hooker, they started the same crap that might as well have included the Same old Same old about birtherism. Obama isn’t somehow qualified, BUT their ( read right wing) president will be?. Bull**** John- what precedence do these delusional thoughts stem from? Why Rush Limbaugh of course. The paragon of political discourse, and the defacto leader of YOUR party. How’s that feel? I Mean to be led around by the nose by a radio entertainer…………and actually do what he tells you??? So much for original thought.

      3. The people decided in 2012….they elected Barak Obama by 5 million votes…Article II of the Constitution gives the President the power to nominate Supreme Court Justices…the case McConnell made was that the President should not even nominate a Justice even though it is his clear Constitutional duty…..the Republicans can deny that nomination and ‘call the referendum’. I am not afraid of what the people decide because Republicans just handed Democrats the issue that will likely be the margin to win the Presidential election and flip the Senate.

      4. Chip I am arguing that the appointment should go the way of the election, rather than have some compromise out of Washington. If the liberals prevail in November then they deserve the appointment and sadly our nation will deserve the results.

      5. Steve you are right about the 2012 election, but we must also take into account the 204 results in the US Senate. That is why we have the stalemate we have today, so we give the voters one more chance to sort things out and express their desires.

  3. I am not so sure this will be at protracted as people think, some people, think. Short-term, all those explosive cases that were destined to fall on the conservative side, at least some of them, now will likely be a TIE = Left WIN.

  4. The right wing is going to try and stall the next nomination until after the election, hoping for a Republican prez. Screw the business of running the country, their quest for absolute power to reshape the country into an oligarchy (which many political analysts say has already happened) is more important than governing. The circle of stupid will cheer this move loudly, but I wonder how much louder they would have bitched and moaned if the situation was reversed and the Dems were going to hold up confirmation of a Republican appointee until after the election? There are two sets of standards (Obama was not a citizen but Ted Cruz is). When the right does something it is to be cheered and when the left does the same thing it is to be jeered; doublespeak at its finest.

  5. In a similar situation, with the tables turned, during an election year, the Democrats helped confirm Kennedy to the Supreme Court and the final vote was 97-0. That’s what would and did happen.

  6. Whenever I read Gregory Goodknight’s comments, complete with the personal attacks, in the local hard-right blogosphere, I’m reminded that he’s seems like a fellow who is in a world of personal hurt.

    1. Sometimes it is really difficult to figure out who the most depraved lying POS on Nevada County blogs is…..Todd? George? Walt? Tozer? Fish? Russ?…..who could it be? We need some kind of rating system…and being a candidate for psychotropic anti-depressants should give one bonus points.

      1. Hey, I see Todd the Machiavellian, narcissistic, psychopathic sadist reposted the study you posted here 🙂

      2. Chris Mooney.
        He wrote this must read, also.


        One thing he hits on is the evolution and explosion of the “Think Tank”. Starting with a handful in the early 80’s, Conservative Think Tanks exploded into the hundreds during W’s years.

        Basically, they do “research” that really does nothing more that cite each other to sound legitimate. Kind of like the Union having a “study” done to analyze the political slant of its Letters to the Editor: By the NC Republican Women.

        Most of their research focus on Climate Change. Their “research” is to manipulate and deceive so that the public believes there is confusion and disagreements among Climate Scientists. Sounds Machiavellian.

      3. Speaking of “study,” get a load of this “bull you know what” from Rebane:
        The Union will always be tethered to the wing nuts — hence it will never grow. What it ought to do is publish a zoned edition for the wing nut, with all the content they desire; then another paper for the rest of us.

        And then the thread that follows with Todd (AKA “I and Bonnie McGuire as well” -sic) Juvinall. He was buddies with an ex-publisher, who actually took this group seriously:

        “Good for you being a loyal subscriber. I and Bonnie McGuire as well. The paper has had its up and downs over my lifetime. I too have been attacked many times yet I have never given it an alternate name like the left does. They call it lately the “Tea Party Gazette” simply because they print a letter or column from a person on the right. But that is why we must protect the paper with our subscriptions and praise it when it is doing a good job. The left would shut it down and then what? We all get nothing.

        “The only criticism I have is the AP environmental stories they reprint. There is no “other side” in those stories so Armageddon is always close. I think Hemig and Hamilton are doing just fine and as the voice of the paper I too think they should print their opinions and not be afraid of “balance”.

        Posted by: Todd Juvinall | 15 February 2016 at 07:36 AM

        Todd Juvinall
        Some websites are reporting he was found with a pillow over his face.

        Posted by: Todd Juvinall | 15 February 2016 at 08:23 AM

        George Rebane
        ToddJ 823am – If you’re talking about Scalia, please go to the Scalia post. Here we’re talking about The Union.

        Posted by: George Rebane | 15 February 2016 at 08:29 AM

        Todd Juvinall

        Posted by: Todd Juvinall | 15 February 2016 at 09:37 AM

      4. I downloaded and read the study and found much of OUR behavior reflected in it as well. Although I am regularly disgusted by the outright racism and personal attacks perpetrated under the guise of anonymity on some of the blogs, most notably Todd’s, our behavior highlighting or responding to it merely increase their reach and voice. The reality is their view is a decided minority in our community, albeit an outsized one due to the heat they generate. The response seen in the Nevada County Scooper and the FB Stupid Comments thread is actually a much more appropriate level of response….as a member of British parliament recently said regarding Mr. Trump, we should respond “with the great British response of ridicule.”

  7. I have some business in Carmichael this month. I think I’ll visit “fish” and find out if he’s as ugly in person as he is online. I suspect he’s the “passive, aggressive” type, hiding behind his computer and throwing out ugly statements anonymously. But in person, he’s more of a wuss. Just sayin’

    1. “Fish” is under the impression we need to exchange emails to get together. Doesn’t he hang out a shingle at his place of business?

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