Michigan Supreme Court Justice remembers Justice Scalia in interview

Feb 29, 2016, 20:35

"The wording in the Constitution is unambiguous and does not provide exceptions for election years", Earnest said.

McConnell has said he doesn't think Obama should put a candidate forward.

Democrats, for their part, are trying to ensure that voters are aware of the blockade against Obama and predict that Republicans will pay at the polls in November.

"But should he decide to nominate someone to the Supreme Court, who knows - maybe it'll be a Nevadan", Heller said.

Because Supreme Court justices rarely die in office, this issue is uncommon at this level, but Nelson said it happens in lower courts and appointments can, in some cases, take years until there is any confirmation. In the past, lawmakers have sometimes informally agreed to halt hearings on lower court nominations during campaign season.

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Supreme Court nominations are subject to a possible filibuster, which means nominees must clear a 60-vote threshold to advance to a final vote.

All except for McConnell are facing re-election fights in swing states. But the party may still be searching for a strategy.

"I know it's a little bit unusual to be in this place with a nominee with so little left of a presidential term, but it is what it is", he said.

"It's, I think, a distraction from a great man and his legacy at a time when there's so much to be said about that and to help people even more fully appreciate that".

While both of Maine's senators say they will give any Obama nominee full consideration, Collins criticized the way both parties politicized Scalia's death so quickly.

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For two days, however, that battle will take a back seat to the pomp and circumstance befitting one of the nation's leading figures - the son of an Italian immigrant (dad, not mom) who made an indelible impact on the nation's highest court for almost 30 years.

He would not comment on whether he would consider appointing a candidate during a congressional recess, a last-ditch maneuver that would inflame partisanship in Congress.

A Supreme Court Justice is appointed for life, and thus the selection of a new member is often considered "the most significant, compelling part of any presidency".

As it stands, the vacancy already has consequences on pending court decisions because rulings that would have been decided by 5-4 votes will now end up as ties, which means that lower court rulings will stand.

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