Antonin Scalia is Dead

Filed in National by on February 13, 2016

Senior U.S. Supreme Court Associate Justice Antonin Scalia has died. There is a special place for him.

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  1. Jason330 says:

    He was a terrible justice. . Everything was political for him. Good riddance.

  2. Delaware Dem says:

    Apparently he died of natural causes this morning on a Texas resort ranch during a hunting vacation. Needless to say, this is pretty huge, earth shaking even. Political implications all over the place. It will completely reshape both parties’ presidential primaries. Conservatives may now flee Trump and go to Cruz. Democrats may be less tempted with a flyer on Bernie Sanders now, given the stakes of finally securing a liberal majority on the Supreme Court.

  3. Delaware Dem says:

  4. AQC says:

    If ever Democrats needed to unite, it’s now!

  5. nemski says:

    So fucking happy right now.

  6. nemski says:

    Obama is in office till Jan 2017. He’ll nominate someone.

  7. Delaware Dem says:

    He gets to nominate someone, but it is highly unlikely anyone will be confirmed. Even Jesus Christ himself will not be confirmed by the Republicans. Too liberal.

  8. AQC says:

    I bet Scalia was with a young male prostitute when he kicked it.

  9. pandora says:

    Wow. There are so many implications to this. The only clear one right now is that we must elect a Dem as President.

  10. nemski says:

    @DD, how would that change after a Dem victory in November?

  11. Delaware Dem says:

    Well, it might change. If Hillary wins the Presidency, and Obama has nominated someone, the Republican Senate might give Obama’s nominee the seat rather than allow Hillary to appoint someone.

  12. Delaware Dem says:

    And if the Democrat wins the White House, it is also likely that the Dems will retake the Senate, just given the way the seats that are competitive are all in blue or swing states. So that might enter the calculus.

  13. John Manifold says:

    The family can save on funeral expenses. Nina Totenberg is burying him now … just by quoting him and running the tape.

  14. Ben says:

    Justice Obama

  15. Delaware Dem says:

  16. Delaware Dem says:

  17. Kate Kent says:

    I think that Obama will nominate the next Justice, Congress will not confirm. Sanders will be POTUS, and we will elect a progressive Congress. which will confirm Obama’s choice.

    How will the Court function, when there is an even number of Justices, clearly evenly split by an ideological divide?

  18. puck says:

    And what if the election is contested a la Bush v. Gore? Are dirty tricks more likely with an even court? Just thought I’d drop that in there.

  19. pandora says:

    Great. Now I’ll have nightmares. Thanks, puck. :-(

  20. Delaware Dem says:

    Puck, if that happens, then we have open Civil War. Liberals, time to arm ourselves.

  21. Delaware Dem says:

    Kate, if a case deadlocks 4-4, the lower court ruling stands.

  22. Delaware Dem says:

  23. Delaware Dem says:

  24. Delaware Dem says:

    The more I think about this, the more I see this is a massive no win situation for Republicans, and the way have already reacted (with declarations of obstruction now, obstruction forever), has been a massive strategic failure. If Republicans block Obama’s nomination they will look like obstructionists and the Dems will simply destroy all the Republicans running for Senate in blue states. That means we win NV, OH, PA, NH, WI, IL and FL, and thus take back the Senate, and likely win the Presidency too. If they confirm they will lose their SCOTUS advantage, and will likely be primaried. LOLz.

  25. pandora says:

    I’m actually surprised how quickly the GOP has politicized this. Yeah, it’s political, but they obviously didn’t even take the time to share a tear for one of their own. That’s cold.

  26. Mitch Crane says:

    Del Dem expressed my view of this. The President should nominate a qualified African American woman. Blocking such a confirmation will doom Republican senators in blue and purple states. The six Republican incumbents in those states either provide the votes for confirmation or go down to defeat with their presidential candidate. Justice Scalia handed the future to those whose future he tried to hamper all his professional life.

  27. Dan says:

    Uh oh did Cheney shoot another lawyer?

  28. Delaware Dem says:

  29. Delaware Dem says:

    Now that is a cool idea. Recess Appointment.

  30. Jason33 says:

    “The American people‎ should have a voice in the selection of their next Supreme Court Justice,” McConnell said in a statement. “Therefore, this vacancy should not be filled until we have a new President.” – Mitch McConnell

    Fuck you Mitch… the American people‎ have a voice, They elected Obama.

  31. Mitch Crane says:

    Oh, that Mitch. He needs to change his name.

  32. Delaware Dem says:

    LOL. Mitch CRANE. Jason would never tell you to fuck off. Well, it’s highly unlikely.

  33. Kate Kent says:

    Thanks, Delaware Dem.

    So if a case deadlocks 4-4, the lower court’s decision stands.

    That’s horrible. It means that an appellant automatically loses. Is there no recourse?

    It’s my understanding that the Supreme Court cannot hear a case again, for a more fair
    ‘majority rules’ decision?

  34. Delaware Dem says:

    I think, and I may be wrong, but I think the Court can take up a case again after it has its full compliment to settle a 4-4 tie, but the lower court ruling would stand until such time as that happens.

  35. puck says:

    The Onion: Justice Scalia Dead Following 30-Year Battle With Social Progress

  36. Mitch Crane says:

    a 4-4 decision affirms the decision of the court below (which can be a federal US Court of Appeals, a US District Court on issues important enough that the Supreme Court grants a Writ of Certiorari, or a state supreme court in similar circumstances.

    The 4-4 decision is final and the matter will not come back to the Supreme Court as is

  37. cassandra_m says:

    If Republicans block Obama’s Supreme Court nomination, he wins anyway

    This is an interesting analysis, which rests on the idea that the lower courts now lean Blue. Any thoughts on that? I know that Obama has been working at filling vacancies over the past few years, but I hadn’t gotten the sense that the lower courts had undergone that kind of sea change.

  38. puck says:

    Scalia has claimed a commanding lead for 2016 Progressive MVP.

  39. jason330 says:

    ^And props to Obama’s secret Muslim operatives for making it look like “natural causes”

  40. Geezer says:

    “Conservatives may now flee Trump and go to Cruz.”

    You don’t get it. The Trump supporters don’t care about conservative purity.

  41. Delaware Dem says:

    Trump’s base of 30% don’t care. That is the White Nationalist NAZI base of the party, and they are with Trump. But that may be enough to win this race in a multi candidate race.

  42. Cassandra: Just recently, the Supreme Court overturned a lower court ruling permitting Obama’s global warming initiatives to move forward. Had that vote been 4-4 rather than 5-4, the lower court ruling would have stood.

    Legal scholars on both sides of the issue were surprised by the Supreme Court’s decision. Without Scalia, stuff like that won’t happen any more. So, yes, I think that, even if Obama is unsuccessful in getting his nominee approved, Scalia’s death will cripple the radical right’s ability to screw those who don’t hew to their agenda.

    Plus, I DO believe that it could well lead to more D pickups in the Senate, perhaps overturning the R majority in that body.

  43. jason330 says:

    “…more D pickups in the Senate,”

    I don’t see it. That would require Democrats to get out of the defensive crouch.

  44. I do think that Scalia’s death will energize D’s. And the R’s are defending some seats that they only won b/c of conservative backlash against Obama and b/c D’s stayed home in the off-year election of 2010.

  45. Also, “Votes cast by Scalia in cases that have been argued but not publicly decided are now void, and SCOTUSBlog says his death will have the biggest effect on a major union dispute. A conservative majority is now unlikely in the case.”

    and http://www.eduwonk.com/2016/02/scalias-passing-a-big-break-for-teachers-unions.html

  46. Hugh Dover says:

    I have rarely been so disappointed as I am now. The hatred that is shown by some in the comments about the passing of one of our Supreme Court justices is appalling. Has intellectual political discourse been left so far behind that people would cheer the passing of another human being; one who has served this country well? Yes, many of you have not agreed with his opinions in the past. That’s alright. But for Jason330 to say “Good riddance.”, nemski to be gloating by saying “So fucking happy right now.”, and even AQC going so far as to say “I bet Scalia was with a young male prostitute when he kicked it.” shows the immaturity of these commenters.

    He had other views than you. Where’s your high and mighty tolerance for HIS differences of opinion? I bet he never cheered or gloated or fist-bumped when one of his political adversaries passed away.

    I am reminded of a time, not too long ago, when political rivals showed humanity toward each other. Here in Delaware. Remember how both parties put down their swords and came to the aid of the Biden family during their time of need? Humanity trumps all; correction… humanity should trump all.

    God help this nation if we truly have devolved to this degree.

  47. Geezer says:

    As is true of any controversial public figure, he was more nuanced than the caricature would indicate. Like many a destructive ideologue before him, he held true to his principles, human cost be damned.

  48. CK says:

    I cannot and will not celebrate anyone’s death. It is however the only way a Supreme Court justice now leaves the bench and I am glad he is no longer on the Court. He has always been on the wrong side of history and I found his loser’s snark unhelpful. Lest anyone forget he was a proponent of the innocence does not matter in death penalty cases.

  49. bamboozer says:

    And on a lighter note shall we have a party and celebrate the day in coming years? BYOB, cash bar regardless I’m in.

  50. Jason330 says:

    I say good riddance, and will always say good riddance when a bilious posturing phony who used his high position to comfort the comfortable dies. If the heaven in hell Scalia believed in is real, Satan is ramming a red hot poker in his ass right now, and for good reason.

  51. puck says:

    I’d rather think that St. Peter admitted him through the Pearly Gates but on the way in said “By the way – you were wrong about everything.”

  52. Geezer says:

    I’m with Puck. I want him to see how many homosexuals are in heaven.

  53. Jason330 says:

    lol. good point.

  54. Kate Kent says:

    Mitch Crane, thanks.

    The 4-4 decision affirms the lower court’s stance and will not come back as is.

    “as is” .. what does that mean in legal procedure?
    Can the appellants ask Supreme Court to hear their case again if they don’t present the same “as is” appeal? Or is the lower court’s finding the last word?

  55. Mitch Crane says:

    Kate Kent: It cannot come back with the same parties, facts and issues. A new case could be commenced in a lower court and then wind its way back up. It take years for most cases to get to the US Supreme Court and the overwhelming majority of petitions for SC review are denied.