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[h=4]Republicans already opposing any Obama Supreme Court nomination[/h]The death of Supreme Court Justice Antonin Scalia creates a rare opportunity for President Obama to appoint a new justice for a lifetime term, but Republicans immediately suggested they will not consider an Obama nominee.
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Associate 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
Senate Majority Leader Mitch McConnell, R-Ky., is already indicating the Senate will not consider any nominee for the Supreme Court offered by President Obama.(Photo: Michael Reynolds, EPA)
The death of Supreme Court Justice Antonin Scalia creates a rare opportunity for President Obama to appoint a new justice for a lifetime term, but Republicans immediately<span style="color: Red;">*</span>suggested they will not consider an Obama nominee.
"The American people? should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new President," Senate Majority Leader Mitch McConnell, R-Ky said in a statement.
Senate Minority Leader Harry Reid, D-Nev., rejected that logic. "Would be unprecedented in recent history for SCOTUS to go year with vacancy. And shameful abdication of our constitutional responsibility," he said on Twitter.
The President can and should send the Senate a nominee right away. The Senate has a responsibility to fill vacancies as soon as possible.
— Senator Harry Reid (@SenatorReid) February 13, 2016
Sen. Chuck Grassley, R-Iowa, who chairs the Senate Judiciary Committee said "it’s been standard practice over the last 80 years to not confirm Supreme Court nominees during a presidential election year.<span style="color: Red;">*</span>Given the huge divide in the country, and the fact that this President, above all others, has made no bones about his goal to use the courts to circumvent Congress and push through his own agenda, it only makes sense that we defer to the American people who will elect a new president to select the next Supreme Court Justice.”
In what appeared to be a<span style="color: Red;">*</span>warning to Obama not to make a recess appointment to the high court while Congress is out of session,<span style="color: Red;">*</span>Sen. John Cornyn, R-Texas, also a Judiciary Committee member, tweeted a USA TODAY story from 2014 about a Supreme Court case limiting the president's authority to make these temporary unilateral appointments.
Justice Anthony Kennedy was nominated by President Reagan and<span style="color: Red;">*</span>confirmed in Feb. 1988<span style="color: Red;">*</span>—<span style="color: Red;">*</span>which was an election year<span style="color: Red;">*</span>— after the Senate had rejected Reagan's first nominee, Robert Bork,
Shortly after Scalia's death was confirmed, the communications director for Sen. Mike Lee of Utah, a member of the Judiciary Committee, signaled the battle ahead.
Conn Carroll posted on Twitter:<span style="color: Red;">*</span>"What is less than zero? The chances of Obama successfully appointing a Supreme Court Justice to replace Scalia."
What is less than zero? The chances of Obama successfully appointing a Supreme Court Justice to replace Scalia?
— Conn Carroll (@conncarroll) February 13, 2016
The opening undoubtedly will fuel at debate in the presidential campaign about the importance of choosing his successor on a closely divided court.
The death was first reported by the<span style="color: Red;">*</span>San Antonio Express News<span style="color: Red;">*</span>on its website, quoting U.S. District Judge<span style="color: Red;">*</span>Fred Biery.
"It's unfortunate with any death, and politically in the presidential cycle we're in, my educated guess is nothing will happen until the next president is elected,"<span style="color: Red;">*</span>Biery told the newspaper.
Sen. Patrick Leahy of Vermont, the top ranking Democrat on the Senate Judiciary Committee said there is no reason a new justice should not be confirmed.
"I hope that no one will use this sad news to suggest that the President or the Senate should not perform its constitutional duty," Leahy said. "The American people deserve to have a fully functioning Supreme Court.<span style="color: Red;">*</span>The Supreme Court of the United States is too important to our democracy for it to be understaffed for partisan reasons.<span style="color: Red;">*</span>It is only February.<span style="color: Red;">*</span>The President and the Senate should get to work without delay to nominate, consider and confirm the next justice to serve on the Supreme Court.”
Most lawmakers stuck to statements of tribute to Scalia's contributions to the nation, but some cast ahead to the political battle likely to follow.
Rep. Chris Stewart, R-Utah, tweeted "senate must not allow this Pres to seat his replacement."
My heart breaks for my county. Scalia will be missed by millions of Americans. But senate must not allow this Pres to seat his replacement
— Rep. Chris Stewart (@RepChrisStewart) February 13, 2016
The Supreme Court justices, from left, Clarence Thomas, Sonia Sotomayor, Antonin Scalia, Stephen Breyer, Chief Justice John Roberts, Samuel Alito, Anthony Kennedy, Elena Kagan and Ruth Bader Ginsburg, pose for a group portrait.<span style="color: Red;">*</span> 2010 photo by H. Darr Beiser, USA TODAY
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