Battle joined: Who will name Scalia's replacement to Supreme Court?

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[h=4]Battle joined: Who will name Scalia's replacement to Supreme Court?[/h]The fight ahead could affect control of the Senate and the race for the White House

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In what's likely to be a political quagmire, President Obama looks to appoint another Supreme Court justice before leaving office. USA TODAY


American flag at half staff at U.S. Supreme Court after the death of Justice Antonin Scalia(Photo: BRENDAN SMIALOWSKI, AFP/Getty Images)


WASHINGTON — Even before the American flag outside the Supreme Court had been lowered to half-staff in honor of<span style="color: Red;">*</span>Justice Antonin Scalia, the political battle over who would replace him — and who gets to choose — was roiling.
Scalia's unexpected death while on a hunting trip in West Texas not only could affect the ideological tilt of the nation's top court as it considers abortion rights, immigration law and other landmark cases. The debate over<span style="color: Red;">*</span>his successor<span style="color: Red;">*</span>also instantly inflamed the 2016 presidential race, and it is likely to become a divide in competitive contests expected to<span style="color: Red;">*</span>determine control of the Senate in November.
President<span style="color: Red;">*</span>Obama promised to nominate a successor, and Senate Majority Leader Mitch McConnell, R-Ky., vowed to block it, setting up the most contentious election-year debate over the make-up of the Supreme Court in decades.
USA TODAY
Senate unlikely to confirm an Obama Supreme Court nominee




USA TODAY
Obama says he'll nominate Scalia's successor




"We ought to make the 2016 election a referendum on the Supreme Court," GOP presidential contender Ted Cruz said on NBC's Meet the Press. "By the way, the Senate's duty is to advise and consent. You know what? The Senate is advising right now. We're advising that a lame-duck president in an election year is not going to be able to tip the balance of the Supreme Court, that we're going to have an election."
The Texas senator said he would support a filibuster no matter whom the president nominated.
Vermont Sen. Patrick Leahy, the ranking Democrat on the Senate Judiciary Committee, called that a grave mistake. "It would be a sheer dereliction of duty for the Senate not to have a hearing, not to have a vote,"<span style="color: Red;">*</span>he said on CNN's State of the Union. "If the Republican<span style="color: Red;">*</span>leadership refuses to even hold a hearing, I think that is going to guarantee they lose control of the Senate because I don't think the American people will stand for that. They want to see us doing our job."
For his part, Obama was keeping his powder dry Sunday while golfing with friends in California. White House principal deputy press secretary Eric Schultz said the president "will approach this nomination with the time and rigor required."
"Given that the Senate is currently in recess, we don’t expect the president to rush this through this week, but instead will do so in due time once the Senate returns from their recess," Schultz said. "At that point, we expect the Senate to consider that nominee, consistent with their responsibilities laid out in the United States Constitution."
Obama took about a month each to nominate Sonia Sotomayor and Elena Kagan to the court following their predecessors' resignation announcements, so a determination much sooner is considered unlikely.
If the Senate's GOP majority refuses to consider Obama's nominee, Democrats could raise accusations of obstructionism and hyper-partisanship against Republican Senate candidates, a potential potent issue in swing states.<span style="color: Red;">*</span>Control of the Senate could depend on the fate of Republican-held seats in such states as<span style="color: Red;">*</span>Florida, Illinois,<span style="color: Red;">*</span>New Hampshire, Ohio and Wisconsin.
And the prospect of a Supreme Court confirmation battle as an early order of business next year spotlights the stakes for both control of the White House and of the Senate.
"Given our strongly<span style="color: Red;">*</span>polarized electorate, voters will split on the Senate delay of Obama's Supreme Court nomination," predicts Steven Schier, a political scientist at Carleton College in Northfield, Minn. "I don't think the delay will rebound strongly to either party's advantage in the election — just raise the election's stakes to abnormally high importance."
USA TODAY
The Supreme Court, tied in knots




USA TODAY
Here's how Scalia's death affects Supreme Court rulings this year




Political lines were drawn without the sort of period of mourning that once would have been considered courteous.
"I plan to fulfill my constitutional responsibilities to nominate a successor in due time," Obama<span style="color: Red;">*</span>told reporters Saturday night in Rancho Mirage, Calif. "There<span style="color: Red;">*</span>will be plenty of time for me to do so, and for the Senate to fulfill its responsibility to give that person a fair hearing and a timely vote. These are responsibilities that I take seriously, as should everyone. They're bigger than any one party."
By then, <span style="color: Red;">*</span>McConnell already had issued a pre-emptive written statement. "The American people? should have a voice in the selection of their next Supreme Court justice," he said. "Therefore, this vacancy should not be filled until we have a new president."
Election-year vacancies on the high court are rare, but both sides cited history to make their case.
"I do not believe the president should appoint someone," Florida Sen. Marco Rubio said at the Republican presidential debate in South Carolina Saturday night. "And it's not unprecedented. In fact, it has been over 80 years since a lame-duck president has appointed a Supreme Court justice." Cruz made a similar statement.
USA TODAY
GOP hopefuls at debate react to Scalia death




But Democrats note that in 1988, a Democratic-controlled Senate confirmed the Supreme Court nomination of Anthony Kennedy by a<span style="color: Red;">*</span>Republican president.<span style="color: Red;">*</span>Like Obama now,<span style="color: Red;">*</span>Ronald Reagan was then in the final year of his second term. That said, the president<span style="color: Red;">*</span>had made the nomination in 1987, after the death of Justice Lewis Powell Jr.
The fact-check website Politifact rated Rubio's statement "mostly false."
In 1968, when the Senate was controlled by Democrats, a coalition of conservatives in both parties blocked Democratic President Lyndon Johnson's proposed elevation of Justice Abe Fortas to chief justice. LBJ's successor, Republican Richard Nixon, ultimately named Warren Burger to the post.
"I just don’t think it looks good that for very overtly political reasons that the Republicans would deny this president the right to exercise his constitutional responsibility, which is to appoint members to the Supreme Court,” Vermont Sen.<span style="color: Red;">*</span>Bernie Sanders, a Democratic presidential candidate,<span style="color: Red;">*</span>said on ABC’s This Week. "I don’t think the public would look kindly on Republican actions to try to flaunt what he is supposed to be able to do."
"We could talk about this all day long," Ohio Gov. John Kasich said on NBC. "You and I both know in the real world, they're not going to confirm anybody -- unless they pick somebody who's so beloved that everybody goes, 'That's great.' OK,<span style="color: Red;">*</span>I don't think that's going to happen."

SUPREME COURT JUSTICE ANTONIN SCALIA DIESTexas officials say Justice Antonin Scalia died of A heart attack | 00:39The official cause of death for Supreme Court Justice Antonin Scalia will be listed as a heart attack, Texas officials say.
Video provided by Newsy Newslook

SUPREME COURT JUSTICE ANTONIN SCALIA DIESWho could replace Scalia? Here are some possible appointments | 01:27In what's likely to be a political quagmire, President Obama looks to appoint another Supreme Court justice before leaving office. USA TODAY

SUPREME COURT JUSTICE ANTONIN SCALIA DIESPlay examined Supreme Court Justice Scalia | 01:56'The Originalist,' a play that premiered in March 2015 at Arena Stage in Washington, D.C. examined one of the most conservative and polarizing justices on the Supreme Court - Antonin Scalia. AP

SUPREME COURT JUSTICE ANTONIN SCALIA DIESCartoons of Justice Scalia | 00:44See several editorial cartoons from the USA TODAY Network that featured Justice Antonin Scalia over the years. USA TODAY

SUPREME COURT JUSTICE ANTONIN SCALIA DIESJustice Antonin Scalia: In his own words | 01:37Antonin Scalia was known for his sharply written dissents and outspoken personalilty during his 30-year tenure on the U.S. Supreme Court. His positions made him both a champion of causes and a target for criticism. VPC

SUPREME COURT JUSTICE ANTONIN SCALIA DIESObama to nominate Scalia successor 'In due time' | 01:55President Obama gave a televised address regarding death of Supreme Court Justice Antonin Scalia Saturday, saying he will nominate a new justice 'in due time.' (Feb. 13) AP

SUPREME COURT JUSTICE ANTONIN SCALIA DIES5 things to know about Justice Antonin Scalia | 00:38The longest-serving justice on the U.S. Supreme Court, was found dead at a Texas ranch at the age of 79. Time

SUPREME COURT JUSTICE ANTONIN SCALIA DIESWhat to know about Justice Antonin Scalia | 00:38Associate Justice Antonin Scalia, the longest-serving justice on the U.S. Supreme Court, was found dead at a Texas ranch at the age of 79. VPC

SUPREME COURT JUSTICE ANTONIN SCALIA DIESGraham not ruling out filibuster on next justice | 00:39Following the news that Supreme Court Justice Antonin Scalia had died, Sen. Lindsey Graham told reporters that President Obama will have to find a consensus choice for a new justice, or 'the next president will pick' Scalia's replacement. (Feb. 13) AP

SUPREME COURT JUSTICE ANTONIN SCALIA DIESGOP candidates call for 'delay' on Scalia replacement | 01:58The death of Supreme Court Justice Antonin Scalia sent shockwaves through the political world as s Republican candidates face off in South Carolina on the debate stage. USA TODAY

SUPREME COURT JUSTICE ANTONIN SCALIA DIESSupreme Court Justice Antonin Scalia found dead | 00:33Supreme Court Justice Antonin Scalia has been found dead at age 79 from natural causes at the Cibolo Creek Ranch resort in West Texas. Wochit

SUPREME COURT JUSTICE ANTONIN SCALIA DIESJustice Scalia found dead at Texas ranch | 01:34Associate Justice Antonin Scalia, the outspoken leader of the Supreme Court's conservative bloc, was found dead at a Texas ranch Saturday morning.
Chief Justice John Roberts said in a statement Saturday afternoon, "I am saddened to report that our Wochit

SUPREME COURT JUSTICE ANTONIN SCALIA DIESJustice Antonin Scalia dead at 79 | 00:57Antonin Scalia, the influential conservative and most provocative member of the Supreme Court, has died. He was 79. (Feb. 13) AP





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