At this point, all that is know about the passing of Justice Scalia is that he died during a hunting trip in west Texas.
Leftists couldn’t be happier. I haven’t checked the various Leftist blogs and sites but I’m certain they are replete with obscenities and glee about Scalia’s passing.
Scalia was a non-politically correct individual who was responsible for the Heller decision. He was also a “textualist,” meaning that he believed what the Constitution said according to the words as written, and left little for interpretation according to fluctuating surrounding societal times. Since he couldn’t argue in front of the justices himself, he would use the questions he asked of presenting attorneys as his arguments to the rest of the bench.
A court is now left that is essentially split four to four, almost literally. There will be no “Kennedy as tie-breaker.”
This is going to be a massive issue in DC, as SCOTUS was on the cusp of addressing the first major abortion case in a decade, affirmative action, immigration and voting rights — important buzz issues on both sides.
Leftists are going to demand an immediate appointment. Republicans are going to want to wait until after the election so that Americans can have more of a say.
Barack Hussein Obama attempting to appoint a successor is therefore going to be a huge issue in DC. He and the Demorats will attempt to locate and nominate as much of a black transgendered dwarf university professor who teaches “America’s Racist, Sexist and Capitalist Past” as possible. Obama has already appointed the last two justices, Sonia Sotomayor in 2009 and Elena Kagan in 2010.
The difference today is that the GOP is in charge of the Senate.
How “in charge”?
We are about to find out.
UPDATE: WHAT HAPPENS IN A FOUR-to-FOUR TIE?
Essentially, nothing. History proves, according to the National Review, that the ruling of the lower court will stand. The 9th Circuit holding sway? That’s not quite encouraging. The Washington Post indicates that, no matter what, things won’t generally be going well for Conservatives, as lower courts are already stacked with Leftist appointments.
This is where the stiff spine of a GOP-controlled Senate will, frankly, mean everything.
Is McConnell up to it?
BZ
I’m hearing the term “recess appointment”.
I wish I knew more about the mechanics of that.
I’ve been scared. Now I’m terrified.
Be prepared.
A recess appointment is one made when the Senate isn’t in session. “The United States Constitution requires that the most senior federal officers must be confirmed by the Senate before assuming office, but while the Senate is in recess the President may act alone by making a recess appointment to fill “Vacancies that may happen during the Recess of the Senate.”
Meaning that, again, Obama may act alone.
It also means :”To remain in effect, a recess appointment must be approved by the Senate by the end of the next session of Congress, or the position becomes vacant again; in current practice this means that a recess appointment must be approved by roughly the end of the next calendar year.”
BZ
The one saving grace I see in that is in the ‘end of the next calendar year’ since the next president will be elected prior to the end of the year.
In any case it is up to the people to ensure that Congress does not fold. We can afford to rely on a Congress which has already shown a propensity to give away the store.
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