Antonin Scalia has died

[Bill the Cat]

Scalia died earlier today at the age of 79.

[Yttrium]

He was a towering figure in American politics. He was probably the most vocal and aggressive member of the Supreme Court. He'll be greatly missed.

I doubt we'll see a replacement for him this year.

[Adam]

My cynicism takes a hopeful turn, unlike yours.
Obama and the Dems want to get SOMETHING for their opportunity to NOMINATE a Supreme, but knowing that Repubs will oppose any clear-cut Liberal, may choose to nominate a non-political jurist of note, but whose practical import might be to firm up moderately Liberal trends even though thwarting anything more clearly Liberal.

[seer]

Scalia died earlier today at the age of 79.

There goes what is left of the Constitution.

[One Bad Pig]

[JimL]

My cynicism takes a hopeful turn, unlike yours.
Obama and the Dems want to get something for their opportunity to NOMINATE a Supreme, but knowing that Repubs will oppose any clear-cut Liberal, may choose to nominate a non-political jurist of note, but whose practical import might be to firm up moderately Liberal trends even though thwarting anything more clearly Liberal.

Mark my words, republicans will block any nominee for the supreme court that the current president puts forth. But by doing so they will leave many judicial decisions, even those that have already been decided upon by the court, but not yet issued, in limbo. If decisions have been voted on by the court, and a justice dies before that decision is issued, then his/her vote is invalidated. There are a few such cases that were probably decided upon already, one having to do with unions, and another having to do with abortion, which will now probably have to wait until next year since Justice Scalias vote is now invalidated.

[KingsGambit]

Mitch McConnell is already saying that nobody should be nominated until the next presidency. History buffs: is there any precedence for waiting that long?

[Cow Poke]

Mark my words, republicans will block any nominee for the supreme court that the current president puts forth.

We can only hope. The rest of your post was babble. In a four-four decision, the lower court's ruling becomes the law of the land.

[Cow Poke]

Meanwhile, this was a great man who had a wife, 9 kids, and dozens of grandkids who will sorely miss him. His best friends on the court were those with whom he had the sharpest ideological disagreements. That says a lot about his character.

[JimL]

We can only hope. The rest of your post was babble. In a four-four decision, the lower court's ruling becomes the law of the land.

Yes, the lower courts ruling stands. Thats what the Supreme court was to decide upon, and that ruling, whether decided upon by the Supreme Court or not will have to wait.

[Cow Poke]

Yes, the lower courts ruling stands.

You're about to demonstrate you don't know what this means....

Thats what the Supreme court was to decide upon, and that ruling, whether decided upon by the Supreme Court or not will have to wait.

No, you don't get it. If SCOTUS comes down with a four-four decision, the lower court's ruling becomes the law of the land. There's nothing to wait on or for. If it is not overturned, it is sustained.

[DesertBerean]

If there was a majority either way, the ruling would stand, surely? Why would rulings be stayed unless there's a tie?

[DesertBerean]

Here's an article about the practice of appointments during election years:

http://thehill.com/regulation/court-...o-fill-scalias

[Cow Poke]

If there was a majority either way, the ruling would stand, surely? Why would rulings be stayed unless there's a tie?

Lower court says X.
Opponents appeal to Supreme Court of the US, because they think X is wrong.

Supreme Court hears the case, and, by majority, rule that X is wrong. X is, therefore, no longer law.
Supreme Court hears the case, and, by majority, rule that X is correct. X is, therefore, upheld as the law of the land.
Supreme Court hears the case, and, comes to a tie vote on the decision. X is, therefore, unchanged, and remains the law of the land.

[Juvenal]

His best friends on the court were those with whom he had the sharpest ideological disagreements.

Ruth Bader Ginsburg.