Supreme Court vacancy highlights stakes in presidential race

The death of U.S. Supreme Court Justice Antonin Scalia could lead to re-argument of some key cases, including those related to exemptions from Obamacare’s contraception mandate and a Texas abortion law, which are under review.

Northern Illinois University political science professor Artemus Ward has written three books on the nations’ highest court, including “Deciding To Leave”, a look at the process by which Supreme Court justices decide to retire.

“In his almost 30 years on the Supreme Court Justice Scalia never let his fame or power go to his head, and he engaged warmly and humorously with his colleagues, his law clerks, and his former clerks who came to see him once a year at his annual law clerks’ reunion”.

Republicans in the Senate have made it clear they would rather wait to consider a new nominee until the next president takes office. Republicans, in fact, hold a majority in the Senate, so the only thing they have to fear is that some of their own might actually vote in favor of a qualified Supreme Court nominee.

“They [Republicans] might also win, and they might also win big”. This recess-appointment power, however, was greatly curtailed by the Supreme Court in the 2014 case National Labor Relations Board v. Noel Canning. “So I will do everything that I can to make sure that when the President makes his nomination, the Senate goes forward”, he said to CBS’ “Face the Nation“. Rejecting Obama’s appointee has the potential to backfire on Republicans.

“I am disappointed that some are already shamefully suggesting a seat on our highest court should be vacant for well over a year”, Heinrich said.

Scalia’s death leaves the court evenly divided between liberal and conservative justices. If partisans succeed in deliberately blocking any nominee from confirmation for more than a year, it will mean that the Supreme Court will not be at full strength for two terms. He said in closing that the American people should have a voice in his replacement, and thus “this vacancy should not be filled until we have a new President“.

A quick refresher: 1988 was a presidential election year, and Mr. Reagan was a lame duck president.

“You know, the kind of obstructionism that [Senate Majority Leader] Mitch McConnell ‘s talking about, he’s hearkening back to his old days”, Schumer said, according to The Hill.

On Saturday night, Mr Obama issued a proclamation for flags to be flown at half-mast “as a mark of respect” for Justice Scalia.

On a case over contraception in which conservative religious non-profits argued they should be exempt from paying for contraceptives as part of standard health insurance plans under Obamacare, Scalia’s death could result in a split decision and a conservative loss – meaning non-profits will be required to pay the “contraceptive mandate”. “They are going nominate people that want to expand the Constitution in a way that goes way beyond its original meaning”, Rubio said.

Vermont Sen. Patrick Leahy said he believes McConnell is “making a bad mistake”.