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CajunBlazer

(5,648 posts)
Sat Feb 13, 2016, 07:57 PM Feb 2016

The Supreme Court after the Upcoming Elections An Analysis

When I wrote the blog post below on this situation in July of last year, I had no idea that this issue would become this prevalent this soon. I believed at the time that we would be dealing with retirements and/or deaths of the Supreme Court Justices during the next President's first term, or more certainly during his/her second term.

However, since I find it almost impossible to believe that the Republican controlled Senate will confirm President Obama's nominee if that person is a true progressive, I think that it is entirely likely that the first task of the next President will be to choose Justice Scalia's replacement.

Even if President Obama is successful in having his nominee confirmed, that is unlikely to be the end of the Supreme Court drama. Scalia at 80 was only the second oldest Justice on the Court. Ruth Bader Ginsburg will be 83 when the next President takes office and will be 91 if she remains on the court for the next eight years. Anthony Kennedy is also 80 and Stephen Breyer will be 78 by the time the next President takes the oath of office. It is entirely possible that one or more of the current Justices will be gone from the court in the next four years, and even more likely in the next eight.

This is why is so important that we choose the right nominee.

The following my analysis of the situation the next President will face:

The Supreme Court after the Upcoming Elections – An Analysis

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Thinkingabout

(30,058 posts)
2. it will be so very important for this position to be filled by a Democrat.
Sat Feb 13, 2016, 09:32 PM
Feb 2016

Scalia was very conservative and maybe just maybe President will get the opportunity to get a fairly sure 5-4 decisions on the left.
So far President Obama has selected two very capable justices who are younger and maybe last long into the future. I have seen rumors of perhaps a justice nomination by Hillary to Obama. He is well versed in constitutional matters and he is younger.

Dawson Leery

(19,348 posts)
3. A left wing justice will not be confirmed.
Sat Feb 13, 2016, 10:34 PM
Feb 2016

Is there someone moderate from the DC court? Good enough for me.

Thinkingabout

(30,058 posts)
5. Probably similiar to the two he has nominated and was confirmed already.
Sat Feb 13, 2016, 11:34 PM
Feb 2016

Really a justice should be interpreting the Constitution, etc rather than writing the laws such as Citizens United but they should be giving a ruling based on Constitution rather than their personal feelings.

CajunBlazer

(5,648 posts)
4. Republican Senator's new party line on confirmation of a new Supreme Court Justice
Sat Feb 13, 2016, 11:05 PM
Feb 2016

"It is traditional not to confirm a Supreme Court Justice during a Presidential Election. The choice should be deferred to will of the people."

Several Republican Senators are singing variations of the same tune including Mitch McConnell. They obviously will do their level best to delay confirmation of nominees until after the general election.

Thinkingabout

(30,058 posts)
6. Guess no one explained to Scalia he wasn't supposed to die while
Sat Feb 13, 2016, 11:36 PM
Feb 2016

A Democratic president was in office. Of course they would like to have another Scalia or Alito, no, we are not interested.

CajunBlazer

(5,648 posts)
7. And the Senate Republicans are not interested in turning the Court over to the progressives..
Sun Feb 14, 2016, 12:02 AM
Feb 2016

...and unfortunately they hold the best hand.

Our best hope is that they overplay that hand and drive up Democratic voter numbers during the general election. That's why it is so important that we have an "electable" nominee, not a revolutionary.

But keep in mind that importance of setting the path forward for the Supreme Court for the next 20 years will also drive up Republican voter participation and it will remind them that they too need an "electable" nominee.

pandr32

(11,562 posts)
9. "...important that we choose the right nominee."
Sun Feb 14, 2016, 12:35 PM
Feb 2016

Exactly! That is why we (here in the HC group and most dems everywhere else) support Hillary Clinton.

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