Quite obviously, there is a political reality to the death of Justice Scalia.
The court is split 4-4 between those appointed by Republican Presidents and those appointed by Democratic Presidents. If party lines are not crossed, there will be a lot of lower court decisions that remain since a 4-4 decisions by the Supreme Court let the lower court rulings stand. I believe that the new formation of the court in the next session can decide to re-hear the cases once the bench is filled. So we may just be hitting the pause button on a lot of cases.
The intersection of our presidential politics and the constitutional duties of the President have, perhaps, never been more interesting. Can you imagine it? The Senate's Majority Leader has said that there will be no hearings this year. This is pretty absurd but whatever...most people do not know enough about the workings of the SCOTUS to weigh in responsibly and whether we need 9 justices or not. As stated...it will amount to hitting the "pause button" on a lot of cases. Anyway...the people do not want to hear about what they don't know; to most Americans, you don't wait a year to fill a vacancy on the Supreme Court...its dumb.
So lets say that the Senate gives in to what is sure to be the overwhelming public opinion and has hearings. Obama nominates a....well, does it matter? Reflexively, the GOP congress will hate them. Eventually, whoever the eventual nominee that makes it out of committee makes it to the floor and the Senate is set to approve the nominee...It's mid May or June.
Meanwhile the California Primary and it's hundreds of delegates are up for grabs. Cruz is still in it but he has to do this filibuster. The entire Senate despises this dude so they are happy to schedule the vote on the day of the primary so he has to be in Washington talking about non-sense.
Meanwhile the Senate has 24 GOP seats up for grabs. The Dems need to take 4 to re-take the Senate. Its almost a given that they will.
It may be wise to negotiate with Obama over a nominee rather than have zero input next year with Hillary picking the nominee with a Democratic controlled Senate.
Or... even worse for the GOP, Bernie could win. That's a serious gamble on their part.
If Obama nominates a moderate Hispanic, the GOP will be against a wall. Their true "right wing loser" colors will come out.
Somehow, I think sticking it to this President will override that concern. Who knows, maybe they know they already look like dirt to that demographic and will jsut say, "**** it".
The political reality of Justice Scalia's death is likely the greatest blow to the Conservative Movement since Stonewall Jackson being killed by his own men. R.E. Lee was reported to have said that he had just lost "his right arm". The conservative anchor of the high court has passed. And us liberals have a golden opportunity to sieze the court for the next generation (or 2) if we don't screw up and nominate Bernie Sanders who simply cannot win in the General Election unless there is a MAJOR gaffe by his Republican Opponent. And by MAJOR gaffe, I'm saying something along the lines of using a racial slur or flashing a Crips or Bloods gang sign at a rally....
Its time for the Democrats to get serious about the election and install Secretary Clinton as their standard bearer. She is not only the best qualified person on either side in this election, she is the best qualified to take on the GOP. Obama's first year to eighteen months was almost criminally naive in terms of what he expected from Congress. Ms. Clinton will have no such illusions about the opposition. For them, it's party over people, principles that are for sale to the highest bidder, and a morally bankrupt constituency that seems to think a realty TV star is our best bet going forward.
These are the stakes; not only for the time and place but for the nation. I mean, who is he going to nominate for the High Court? Judge Judy...based on the fact that more people listen to her decisions than any other judge?
As we discuss the political reality, we should keep in mind that Justice Scalia had a large family and was admired (if not agreed with) by his contemporaries. He was a remarkable public servant who deserves our thanks for his service. We need more people like him--who will put up with the slings and arrows for 30 years in the public limelight when he could be making millions upon millions in private practice.