Obama says his Supreme Court nominee will be ‘indisputably’ qualified

“The Constitution is pretty clear about what is supposed to happen now”, Obama said, reiterating that presidents have always had the right to appoint new Supreme Court justices.

Biden, who presided over Supreme Court confirmation hearings while in the Senate, took issue with the notion that a Scalia replacement can’t be confirmed during Obama’s final year. Of course, the Republican Senate will not approve the nominee, opening the door for the next president to nominate Obama.

Cruz said if Obama were to make a selection now, it wouldn’t “be fair to the nominee”. “I can tell you that Vice President Biden and Dr. Jill Biden will attend Justice Scalia’s funeral at the Basilica on Saturday”. Ted Cruz said in a tweet Saturday, “We owe it to (Scalia), and the nation, for the Senate to ensure that the next president names his replacement”.

“I think that hearing would end up very politicized”, he said. It had five conservatives and four liberals before Scalia’s death.

“We should not confirm a justice nominated during an election year, particularly with a lawless president who has undermined the Constitution at every stage”.

Biden recalled his own experience as the longtime chair of the Senate Judiciary Committee, and specifically the appointment of Justice Clarence Thomas, who he noted “ended up with a tie vote in my committee, the Judiciary Committee, meaning that his nomination failed”.

In 2007, Sen. Charles Schumer said that then-President George W. Bush should not have any Supreme Court nominees confirmed for the rest of his time in office.

Other than Ruth Bader Ginsberg, 82, who took her seat in 1993 at 60, no one older than 55 has joined the court since 1972. A court spokeswoman said Scalia’s body will lie in repose at the Supreme Court building on Friday.

Besides all the conspiracy theories about Scalia’s death, I am baffled by the speed at which the Republican leadership started condemning Obama for even letting the word “nominate” enter his brain.

“The president, obviously, believes it’s important for the institution of the presidency to pay his respects to somebody who dedicated three decades of his life to the institution of the Supreme Court”, said Josh Earnest, White House spokesman.