Wisconsin’s Johnson wants next president to replace Scalia

Also, the Republicans are handcuffing themselves by refusing any Obama nominee.

Article II Section 2 of the Constitution says the President of the United States nominates justices to the Supreme Court, with the advice and consent of the Senate.

“I’d be surprised if she were the nominee, because I think her involvement in Democratic Party politics would play too easily into Republicans who would say, ‘See, he picked a politician, ‘” Kitrosser said.

“Let the election decide”, Cruz continued, vowing he would “absolutely” filibuster any Obama nominee.

“There will be plenty of time for me to do so and for the Senate to fulfill its responsibility to give that person a full hearing and timely vote”.

“If Donald Trump becomes president, the Second Amendment will be written out of the Constitution because it is abundantly clear that Donald Trump is not a conservative”. Allowing Obama to appoint a more liberal successor to the conservative icon would outrage the GOP’s most loyal voters.

And in a statement, Sen.

A U.S. judge said on Sunday that U.S. Supreme Court Associate Justice Antonin Scalia died of a heart attack and no autopsy was necessary.

It’s a firm Supreme Court rule that decisions are not final until they are handed down.

That last line of Schumer’s is somewhat misleading by the way.

“The American people don’t like obstruction”, Schumer, a New York Democrat, said on ABC’s “This Week”.

The president nominates Supreme Court candidates, but Senate approval is required for them to take up the lifetime post, which has led to some viciously fought nomination battles.

Schumer and his aides declined to comment further, but other Democratic senators and aides believe the pressure will be unsustainable, especially if the Supreme Court reaches a spate of 4-4 rulings and Obama chooses a qualified nominee widely viewed in the mainstream of judicial thought. She was confirmed 96-0 in April 2013.

Both arguments are freaky if you stop to think about them for a moment.

It would be a sheer dereliction of duty for the senate not to have a hearing, not to have a vote. Veteran Supreme Court lawyer Roy Englert says that “the vote of a deceased justice does not count”. “Because that vacancy has to be filled, and it will be filled by the next president”.

Democrats also argued that waiting for the next president in January 2017 would leave the court without a ninth justice for more than the remainder of Obama’s term as Senate confirmation would not be immediate.

The Republican Senate majority leader and chair of the Senate Judiciary Committee called for the decision to be delayed and left to the next president. Republicans have held firm that their majority in the Senate will not move forward with anyone President Obama nominates.

“We’re advising that a lame-duck president in an election year is not going to be able to tip the balance of the Supreme Court”, Cruz said.

And Scalia’s absence in future years could matter on issues not now before the Court but likely to return, from gun rights to campaign finance reform to voting rights.

Toomey of Pennsylvania made similar remarks, and a spokesman declined to comment Sunday.