The sudden death of Associate Justice Antonin Scalia has dealt a gut punch to the Republican Party. It is something they couldn't wait minutes before announcing that President Obama cannot replace him on the nation's highest court. Why? Because he's a lame duck. Didn't Ronald Reagan nominate Anthony Kennedy to the Supreme Court when he was a lame duck? (Let's check the record.)
I find that ironic, since Article II, Section 2 of the United States Constitution enumerates that it is the president's expressed power to nominate Supreme Court justices (how about that Senator Marco Rubio (R-FL)?). Of course, that is with the advice and consent of the U.S. Senate. Senate Majority Leader Mitch McConnell (R-KY, by way of Alabama), is sure that he can mire any Obama nominee in senatorial minutiae, until Hillary Clinton is sworn in as president on January 20, 2017. (Wouldn't that be ironic and just desserts?)
Until then, the U.S. Supreme Court may divided in its votes on important court issues facing it, with only eight members. In such a case, the court could be divided by series of 4-to-4 votes.
On another note, why would a sitting United States Supreme Court justice be visiting a luxury Texas hunting lodge (or ranch) with people flying in on private jets? That seems like a prime recipe for ex-parte discussions about cases that may be facing the court. Republicans, however, may argue that since he was an appointment of Ronald Reagan, he is immune from such impunity.
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