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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJustice Scalia's opinion on his death and replacement.
Since he was an "originalist", he would probably say that the Constitution means exactly what it says. The President is responsible for appointing a replacement for him. However, it is up to the Senate to confirm or deny his selection. That is what the Constitution says.
He would probably disagree with Mitch McConnell and the Republicans now running for the Presidency that they have a right to delay and obstruct the President from doing his duty, per the Constitution.
And just what kind of Justice would Donald Trump appoint? I have a difficult time even imagining any of those idiots on the debate stage last night making a better choice than President Barack Obama?
Justice Antonin Scalia would abide by the original words of the Constitution, I am sure.
Gore1FL
(21,134 posts)He was an unethical piece of shit, just like McConnell, and the merry band of mouth breathers seeking the GOP nomination.
dmr
(28,347 posts)bullimiami
(13,099 posts)Good riddance to bad rubbish.
He was not a nice person and he was not ethical.
Bagsgroove
(231 posts)Good point, Scalia probably would disagree with McConnell and say it's President Obama's responsibility to nominate a successor and the Senate's duty to confirm or deny. But even if McConnell and the GOP majority in the Senate do hold hearings on a new appointment, they could either deny the appointment or drag it out another 11 months. My guess is that is exactly what will happen and that the next Supreme will be nominated by the next president.
So--Hillary and Bernie folks, wrestle with each other all you like for now. But any Hillary fan who "won't vote for Bernie" or Bernie fan who "won't vote for Hillary" may be ensuring that the naming of the next Justice is in the hands of President Cruz.
Human101948
(3,457 posts)and proceed to endorse the obstructionism of the Senate Republicans...for "the good of the country."
Just as the 5-4 vote installing Bush in the White House had no precedent and set no precedent, when such important matters are at stake, consistency goes out the window.
CincyDem
(6,372 posts)restorefreedom
(12,655 posts)it would be someone very accomplished, since he doesn't like "losers", and it would likely be a right leaning centrist. someone not too divisive, because trump likes to get stuff done, and a stalled court in his administration would not make him look good.
truebluegreen
(9,033 posts)Justice Antonin Scalia abided by the original words of the Constitution when it was convenient as per his ideology.