Antonin Scalia dies while Obama has over eleven months remaining in his second term as president.
Somewhat surprising despite Scalia being 79.
Even an originalist like Scalia would have to agree that the constitution confers upon the president the power to appoint Supreme Court justices subject only to the advice and consent of the Senate but without limitation as to the president’s proximity to the end of his time in office.
Barely an hour after the news broke Saturday of the death of Supreme Court Justice Antonin Scalia, Senate Majority Leader Mitch McConnell (R-Ky.) made it clear that he has no intention of letting President Barack Obama replace the conservative icon.
Obviously, today’s right wing Republicans want Scalia-style originalists on the court – but they also apparently want a McConnellist interpretation of the constitution to control the process to replace Scalia.
If there is but one constant in the universe, it is right wing Republican hypocrisy:
If McConnell plans to spend the next year blocking every potential Supreme Court nominee that Obama puts forward, it would be a major break from tradition — since 1975, the average number of days from the nomination of a Supreme Court justice to a final Senate vote is 67, per a Congressional Research Service report.
It would also represent a break with McConnell’s personal history: In 1988, he voted to confirm a Supreme Court nominee when it was a Republican president’s final year in office.
“The American people should have a voice in the selection of their next Supreme Court Justice,” McConnell said in a statement. “Therefore, this vacancy should not be filled until we have a new President.”
But according to principles of Dick Cheneyism – invoked by Darth whenever, after November 2, 2004, there was any suggestion that the people should have a say as to whether The War of Halliburton Profiteering should continue – the people had a voice in the selection of their next Supreme Court Justice.
On November 6, 2012.
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