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Republicans Must Win This Fight

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  • Republican lawmakers have vowed to block any appointment to the Supreme Court until the new president is sworn in.
  • Both sides of the isle have cited precedents and threats on why the appointment should be now or later.
  • This has become a major talking point for presidential candidates in the election cycle.
  • With Scalia's passing the Supreme Court is now divided with 4 conservative and 4 liberal justices, the next appointment is of huge importance.

Republican lawmakers and presidential candidates hardened their positions on Sunday on blocking a move by President Barack Obama to fill the Supreme Court seat left by the late conservative Justice Antonin Scalia, a lifetime appointment that would help decide some of the most divisive issues facing Americans.

The next justice could tilt the balance of the nation's highest court, which was left with four conservatives and four liberals. The vacancy quickly became an issue in the 2016 presidential race.

“We ought to make the 2016 election a referendum on the Supreme Court,” U.S. Senator and Republican presidential candidate Ted Cruz said on NBC's “Meet the Press.”

The normally nine-justice court is set to decide this year its first major abortion case in nearly a decade, as well as cases on voting rights, affirmative action and immigration.

Scalia, 79, died on Saturday at a West Texas resort. The cause of death will not be determined for several days, the top official in the county where he died, Presidio County Judge Cinderela Gueara, said on Sunday in an interview with local TV station WFAA-TV.

Obama, a Democrat, will nominate someone to fill the empty seat but will wait until the U.S. Senate is back in session, the White House said on Sunday. The Senate returns from recess on Feb. 22.

“At that point, we expect the Senate to consider that nominee, consistent with their responsibilities laid out in the United States Constitution,” White House spokesman Eric Schultz said.

The White House declined to give a more specific timeline for Obama to announce his nominee. The nomination will set up a battle with the Republican-controlled chamber, which must approve any nominee.The nomination will set up a battle with the Republican-controlled chamber, which must approve any nominee.

Shortly after news of Scalia's death, Republicans vowed not to act on the vacancy until Obama's successor takes office next January. Senate Democratic leader Harry Reid said failure to act would be a “shameful abdication” of the Senate's constitutional duty.

Both sides said history was on their side.

Reid said it would be unprecedented to have a vacancy on the court for a year. In the modern era, the longest Supreme Court vacancy was 363 days after Abe Fortas resigned in May 1969.

Republicans cited 80 years of tradition in which no Supreme Court nominees were approved in presidential election years. In fact, Justice Anthony Kennedy was approved in 1988, after a bruising battle in which the Senate rejected President Ronald Reagan's first nominee, conservative Robert Bork.

Supreme Court nominations are rare, so neither side has much data to rely on in determining precedents. History is also an unreliable guide as the nomination process has become significantly more politicized in recent years.

For Obama's previous two Supreme Court picks, Elena Kagan and Sonia Sotomayor, he took about 30 days each to announce the elections after their predecessors, Justice John Paul Stevens and Justice David Souter, respectively, said they planned to step down.

DEEP DIVISIONS

Ohio Governor John Kasich, a moderate among the Republicans vying for the White House, said the Senate should wait because a battle this year would only deepen divisions in the country.

“You know how polarized everything is,” Kasich said on ABC's “This Week.” “What I don't want to see is more fighting and more recrimination.”

Democratic U.S. Senator Patrick Leahy warned that a delay could have consequences in November's election, when voters get to decide who fills one-third of the Senate's seats.

“If the Republican leadership refuses to even hold a hearing, I think that is going to guarantee they lose control of the Senate, because I don't think the American people will stand for that,” he said on CNN's “State of the Union.”

Democratic presidential candidate Bernie Sanders said the Constitution was clear. “The president makes the appointment, Senate confirms, let's get on with that business,” the senator from Vermont said on “Fox News Sunday.”

One possible contender to replace Scalia is an Indian-American appeals court judge, Sri Srinivasan, who has pro-business credentials and a stellar resume. His nomination could make it more politically challenging for Republicans to block anyone put forward by Obama.

Cruz, a Texas lawmaker, who sits on the Senate Judiciary Committee that takes the lead on Supreme Court nominees, said the vacancy left by Scalia made the presidential election even more critical.

He warned that a justice chosen by Sanders or his Democratic presidential rival, Hillary Clinton, would mean the Second Amendment right to bear arms would be “written out” of the Constitution and abortion on demand would become the law of the land.

Republican U.S. Senator Marco Rubio of Florida, another White House candidate, said he would want someone who echoed Scalia's “originalist” ideology that looks at the U.S. Constitution through the lens of its framers' 18th-century intentions.

Republican presidential front-runner Donald Trump, appearing on NBC, was more direct when asked what he would want: “Someone just like Justice Scalia.”

That would mean someone who did not let ideological differences preclude civility or even friendship, former President Bill Clinton told CNN, citing Scalia's bond with liberal Justice Ruth Bader Ginsburg.

Ginsburg, in a statement on Sunday, called her friend “a jurist of captivating brilliance and wit” with whom she disagreed “now and then.”

She cited a duet sung by the two justices in the 2015 opera “Scalia/Ginsburg” titled: “We are different, we are one.” She and Scalia, Ginsburg wrote, were “different in our interpretation of written texts, one in our reverence for the Constitution and the institution we serve.”

(Additional reporting by Joan Biskupic, Alana Wise, Timothy Gardner in Washington; Sara Vasquez in Marfa, Texas; Writing by Doina Chiacu; Editing by Jonathan Oatis and Peter Cooney)

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11 Comments

11 Comments

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  • James Andrews says:

    It is vital to stop Owebama form nominating another leftist leaning , Constitution violating judge, because even when Scalia was alive, the court was still tilted to the left. We really only have two conservative, pro-Constitution judges left on the bench! I hope the Republicans block the nomination of any judge Owebama nominates, unle3s he actually nominates a middle of the road, sensible one, or a conservative, and we know the latter isn’t going to happen!

  • Charlie says:

    We the People need a SCOTUS that stays within parameters set forth in our Constitution. Our liberal Democrats desires are to overstep granted powers . Therefore only a conservative that is committed to our foundation of all of our laws should sit on our highest court bench .

  • Leland Baldwin says:

    I fear liberty & freedom will end for ‘We the People’ if another liberal judge is appointed. We need to appoint a conservative Constitutionalist instead of another liberal judge.

  • patrick driscoll says:

    The idiot in WH is trying to remove the checks and balances established when this country was founded and framed in the Constitution.
    He is nothing more than a devil worshiping muslim that will do anything even killing to get his agenda implemented.
    IMPEACH, IMPRISON, PUNISH

  • evan says:

    one group (approx 1/2 of the population) does not get to jam what they think is absolute right down everyone elses throat. You guys are all nuts from what I read here. Grow UP.

  • Barbara Browning says:

    Our survival as a Republic must not allow a left wing liberal to replace Justice Antonin Scalia.

  • DL Nelson says:

    You seriously want more of the same folks that brought us Citizens United and the total debasement of our civil liberties?
    I surely do not.

  • silvia benaim says:

    Must stop the biggest world “Progressive Left” conspiracy and the traitors of our judeo christian values. America needs to open its eyes before it is to late…if not already.
    Republicans are the only guarantee a free democratic civilization has in order to survive from the darkness forces of the Militant Islam, and the NewCommunism…

  • jim says:

    When a Supreme Court justice dies the president has a right to nominate a new justice regardless of how many days he has left in office. Republicans are just using the upcoming election to politicize an appointment because they won’t like who Obama will nominate. Partisan Politics on both sides at its best.

  • jeff says:

    I REALLY HOPE THAT SOMEONE REALLY READS THIS BECAUSE YOUR ARE ALL MISSING THE BOAT.
    this nation is predicated on the theory that the majority should rule, not a small fringe scaring he republicans into following their lead. you have destroyed the party. what happened to the peoples party? we are probably going to loose to Hillary because of the “party of NO. the president, regardless of party, puts up a judge to the senate. the senate holds hearings and votes. if they refuse they are not doing their job but you know this.. didn’t you learn after sarah palin? how do we keep voters on our side with this nonsense? so you hate Obama but saying publicly that our sole position is to keep this——-from being reelected and not allow any of his legislation to be passed is insanity and drives reasonable, intelligent, normal voters away. why do you insist on catering to the fringe. now the dems will get Hillary and possibly the house and senate and what will this get us? vote on the judge. he is better than whatever will be available after the election is won by Hillary .
    seriously, hand size, wetting pants, lying ted, low energy jeb, baby Rubio, PUNISH abortions? if you steal the election from that nut trump you may really split the party. we have to be seen as normal, reachable, serving the majority of the party and many independents. remember barry goldwater and the adds of “in your heart you know he is right but in your mind you know he is nuts?” we are back to that. the comedians love the party.
    GET REASONABLE WHILE WE MAY STILL HAVE A CHANCE !!!!!!!

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