Can Democrats Get Republicans to Move on Scalia’s Replacement?
Monahan, who also attends to members of the Congress and the Supreme Court, said that Scalia was suffering from “more than half-dozen ailments, including sleep apnea, degenerative joint disease, chronic obstructive pulmonary disease and high blood pressure”. “I’m going to do my job”.
“Well, the Constitution says that I nominate candidates for the Supreme Court when there’s a vacancy, and that the Senate exercises its constitutional role in advise and consent”, Obama told reporters. The arrangement is temporary but indefinite, because Republicans have vowed only to consider a nominee submitted by the person who succeeds Obama next January. They’re appointed by the president, with the Senate’s approval. Previous year a subsidiary of his firm, a company called Mic, received a favorable outcome in an age discrimination case that reached the Supreme Court.
The other approach would be to pick a strong progressive trail-blazing candidate – maybe someone who made it through the Senate already for a lower court – and then paint Republicans as obstructionists.
Competitive presidential primaries could dramatically increase turnout for all races on the April 5 ballot, including the state Supreme Court.
Scalia rejected the request and, in so doing, explained the adverse impact of that losing a justice has on the court.
“The people elected (Obama) and they trust his opinion, and this is one of his duties”, Price said.
Bradley did not say whether she thinks Obama should name a replacement for Scalia before leaving office.
If Obama does nominate him, Republicans would have to explain why they oppose someone from their own party. Charles Grassley of Iowa, chairman of the Judiciary Committee, indicated he might be willing to hold a confirmation hearing for Obama’s nominee.
“The notion that President Obama is a lame duck president is simply incorrect”, said Melissa Hart, a law professor at the University of Colorado at Boulder.
“Constructionist” refers to “originalist” justices, who interpret the Constitution and all laws according to the original public meaning of their words.
In the presidential contest, former Secretary of State Hillary Clinton and independent U.S. Sen.
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“Needless to say, this isn t something I take lightly”. Take 1956, when President Dwight Eisenhower, a Republican running for re-election, picked William Brennan to fill the seat of retiring Supreme Court Justice Sherman Minton.
He declined to offer what type of judge should replace Scalia, saying it was up to the president and the Senate to confirm someone.