Antonin Scalia is dead

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Antonin Scalia is dead

Postby Jnyusa » Sat Feb 13, 2016 5:43 pm

Supreme Court Justice Antonin Scalia died today.

That should be worth a good ten months of argument here about the best strategy for getting Pres Obama to be able to appoint the next Justice. Or the best strategy for preventing him from doing so, if that's your cup of poison.

[edit] spelled his name wrong!
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Re: Antonin Scalia is dead

Postby portia » Sun Feb 14, 2016 6:26 am

The question of who will replace Antonin Scalia is going to be a major issue.

There are a lot of things the Republicans will have to think about:

1. What if a Democrat is elected President? Will the Republicans decide that stonewalling a nomination was a mistake because the new President's nomination may be less acceptable?

2. What if Obama decides to do something a bit devious and nominate a person who--in a sane world--would be acceptable to the GOP? Will they still say that waiting is better?

3. Will this new cause for fighting hurt someone? who?

4. What about the effect on the courts of a 4-4 split in the Supreme Court? The rest of this term will be 4-4 and some things might need to be re-argued. No nomination from a new President can be had before February 2017, then another term would also be 4-4 because a new Justice could not be confirmed and seated and be ready to vote before June 2017. What would be the effect on the Circuits? Would the Liberals in the circuits rush to decide cases, so that their decisions would stand? Would they wait for a new election? If cases are held up, what would be the effect? If a Circuit's decision were made final because of a 4-4 split, would it really be precedent and control future cases?

5. What if the 4-4 split does not control decisions, but some are decided 5-3? or 6-2-0r 7-1 or 8-0? Would those be weaker as precedent?

To be continued.

(Side note: I am about to move to Maryland. I think I will SOOO sick of political ads that I will be unable to communicate sensibly. Being a California resident has shielded me from the great number of ads.)
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Re: Antonin Scalia is dead

Postby MerriadocBrandybuck » Mon Feb 15, 2016 2:54 pm

I think Justice Scalia was someone who was mostly misunderstood by liberals in our country. The idea that he wanted to legislate (via SC verdict) against abortion, SSM, etc....is simply wrong. It belies an ignorance by many. Especially all the folks who are flooding the social inter web with anti-Scalia stuff. Furthermore, it might shock many to hear that Scalia championed Kagen, when Justice Souter retired. Kagen, a clear liberal. Scalia asked that Obama just send the SC court "someone smart". Couple that with Ginsburg's thoughts about Scalia...and it should become evident. We've lost a giant of a man.
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Re: Antonin Scalia is dead

Postby hamlet » Tue Feb 16, 2016 8:56 am

I think Obama should nominate somebody. Will that person actually make it past the pickets? No, probably not. At least not unscathed. But it's what he should do.

Realpolitik, though, suggests holding off until we have a clearer understanding of what the field for the election will look like. I suspect that this entire thing will become a side issue, or even essentially forgotten, in the next couple of months because people are going to explode wholly over what's the ballots are going to look like.
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Re: Antonin Scalia is dead

Postby portia » Tue Feb 16, 2016 9:23 am

I agree that the issue will depend on what the parties think the election will be like. Right now, no matter what they really think, the GOP candidates need to take the position that the next President will be a Republican. So, when some more time has passed, it will be more enlightening to see what they think.

Of course, by that time, there will be no more "wiggle room," regardless.

History is still moving onward, and I think that the issues the Right is so concerned about will be removed from the public forum, and no longer controlled by the government, and left to people's personal preferences, as they should always have been.
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