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I don't follow. It doesn't matter how much Obama wants to replace Scalia (I'm sure: a lot). He can't. The Senate must consent to his nomination, and is entitled to advise it. And advise it they have: they've decided it should be an issue for the election this year, and the voters should decide.


Which is really a shame. With the entire lot of candidates on both sides ranging from bad to awful, it seems likely to me that this will be one of, if not the, deciding issue in the election.

That's bad, because it will perpetuate party politics. No matter how much people dislike the candidate nominated by their party, they'll think they've got no recourse but to vote for him/her lest they lose the Court.

All the Republicans I know who say they'll vote for Clinton before they'd vote for Trump - and there are plenty of those - won't follow through. The chance we might have had for an olive branch, reaching out of the viper pit of party politics, is now gone.


It was always going to be, now it's just become apparent to those who don't pay attention. Next POTUS will nominate a replacement for Notorious RBG as well. This is probably the most important Presidential election in a long time.


Maybe, because Kennedy is getting old (and Kennedy is probably the most important justice on the current court), and so the next President might get 3 seats to fill. But if it's just RBG and Scalia, that'll be the same number Obama, Bush 2, and Clinton got.




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