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KamaAina

(78,249 posts)
Sun Feb 14, 2016, 11:51 PM Feb 2016

Who will Obama choose to replace Antonin Scalia? Here are 7 of the strongest candidates.

http://www.vox.com/2016/2/13/10987836/obama-supreme-court-shortlist

Against tremendous opposition from Senate Republicans, Barack Obama has declared that he will too nominate someone to succeed the late Antonin Scalia on the Supreme Court.

We don't know for sure who's on the president's Supreme Court shortlist, and his lists from 2009 and 2010, when he picked Sonia Sotomayor and Elena Kagan, don't necessarily apply now. Those two were replacing liberal justices and faced a Democratic Senate. Today, Obama has to pick a nominee who's not just acceptable to a Republican Senate, but acceptable as a replacement for Scalia.

That's a tough task, and as hard as Obama's inclinations are to predict, forecasting the reactions of Senate Republicans is even harder. With that being said, here are seven names you'll likely hear in the days and weeks ahead as leading contenders to succeed Scalia, in most cases because they're especially likely to be confirmed. Be sure to also check out ThinkProgress's Ian Millhiser and the New Yorker's Jeffrey Toobin, who have very useful lists.
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Who will Obama choose to replace Antonin Scalia? Here are 7 of the strongest candidates. (Original Post) KamaAina Feb 2016 OP
Any and all nominees this year are doomed from the start.... Gabi Hayes Feb 2016 #1
I thought the same thing - who would be willing to go through all that - just to be rejected. patricia92243 Feb 2016 #2
That would be a most unwise strategy onenote Feb 2016 #5
I didn't mean to re-nominate that same person over and over. I meant different people each time - j patricia92243 Feb 2016 #8
Sorry for misunderstanding. You're correct. If one gets rejected, nominate another. onenote Feb 2016 #13
so - a president shouldn't do his duty Skittles Feb 2016 #6
I didn't mean the Prez. I meant several nominee being willing to put themselves through the patricia92243 Feb 2016 #7
President Obama artislife Feb 2016 #3
Except, despite what people are saying, the Senate most likely is not in a recess of sufficient onenote Feb 2016 #4
yeah--more courage, Mr President, It's your last rodeo! librechik Feb 2016 #17
I like the suggestion of Klobuchar DFW Feb 2016 #9
To old plus that would be a seat that has to be defended in November and right now there is no bigdarryl Feb 2016 #10
55 is too old? DFW Feb 2016 #11
I'm 56 but for a newbie for the SOTUS yeah I think early forties to mid forties is a good age bigdarryl Feb 2016 #14
Kelly or Srinivasan are good options Amishman Feb 2016 #12
The Srinivasan guy scares me because he's a blank slate bigdarryl Feb 2016 #15
Why does he have to replace him with another Scalia? I don't like this meme. librechik Feb 2016 #16
He can appoint whoever he wants, but he needs a few Republicans to vote to confirm oberliner Feb 2016 #18
yes, and since they took a blood oath in 2009 to NEVER vote yea librechik Feb 2016 #19
 

Gabi Hayes

(28,795 posts)
1. Any and all nominees this year are doomed from the start....
Sun Feb 14, 2016, 11:55 PM
Feb 2016

for obvious reasons.

Who is going to be the sacrificial lamb?

He knows that anyone he puts up will be subject to the most outrageous, mendacious contumely imaginable, which could mean a career-killing inquisition. What up and coming forty something would subject him/herself to that kind of abuse?

patricia92243

(12,975 posts)
2. I thought the same thing - who would be willing to go through all that - just to be rejected.
Mon Feb 15, 2016, 03:01 AM
Feb 2016

If Obama cold nominate someone, the Senate turn them down, then nominate again just as quickly as possible, senate turn them down - over and over again, it would help The Republicans look like the fools that they are.

But once again, who would be willing to be sacrificed that way.

onenote

(46,140 posts)
5. That would be a most unwise strategy
Mon Feb 15, 2016, 03:21 AM
Feb 2016

We've mocked the repubs for bringing up proposals to "repeal Obamacare" over and over and over again despite it being clear that they can't pass. Obama would look foolish if he renominated someone after they were rejected by the Senate. To put it in context--how would we have felt if after Bork's nomination was defeated, Reagan kept renominating him?

patricia92243

(12,975 posts)
8. I didn't mean to re-nominate that same person over and over. I meant different people each time - j
Mon Feb 15, 2016, 03:54 AM
Feb 2016

just so the public can really see what the Repubs are really up to.

Skittles

(171,704 posts)
6. so - a president shouldn't do his duty
Mon Feb 15, 2016, 03:27 AM
Feb 2016

Last edited Mon Feb 15, 2016, 06:10 AM - Edit history (2)

because repukes will act like assholes?

patricia92243

(12,975 posts)
7. I didn't mean the Prez. I meant several nominee being willing to put themselves through the
Mon Feb 15, 2016, 03:50 AM
Feb 2016

garbage from the Repubs just to be turned down.

onenote

(46,140 posts)
4. Except, despite what people are saying, the Senate most likely is not in a recess of sufficient
Mon Feb 15, 2016, 03:17 AM
Feb 2016

duration to allow for a recess appointment.

The order adjourning on Friday the 12th calls for pro forma sessions. And even if those pro forma sessions don't take place under the terms of a "concurrent resolution" passed by both the House and the Senate, there are two obstacles. First, the concurrent resolution allows the Majority Leader to call the Senate back into session at any time that the public interest requires with the concurrence of the minority leader. The Canning case addressed, but did not clearly resolve how these sorts of resolutions impact the duration of a recess -- one can't really whether the recess will be long enough (ten days is the minimum) to allow for recess appointments until the ten days have passed. Moreover, the Canning court pointed out that in Senate parlance, Sundays are not considered "days" -- thus, the current "recess" from that started on Saturday the 13th and ends on Monday the 22nd, doesn't meet the ten "day" minimum.

The current recess/concurrent resolution approach is nothing new -- and the fact that Obama, despite having a significant number of non judicial (as well as judicial) nominees bottled up by the Senate, has not attempted a recess appointment during any of them.


DFW

(60,182 posts)
9. I like the suggestion of Klobuchar
Mon Feb 15, 2016, 05:40 AM
Feb 2016

Her Senate seat will be safe in Democratic hands with Dayton as Governor of Minnesota, and her Republican Senate colleagues will have to show some considerable lack of decorum if they trash her during hearings or refuse to confirm (much less hold hearings).

McTurtle will be rubbing his temples for a while trying to figure out how to shut out a respected Senate colleague.

 

bigdarryl

(13,190 posts)
10. To old plus that would be a seat that has to be defended in November and right now there is no
Mon Feb 15, 2016, 08:07 AM
Feb 2016

Candidate because shes not running foe reelection it's to late in the game for a November election

DFW

(60,182 posts)
11. 55 is too old?
Mon Feb 15, 2016, 08:14 AM
Feb 2016

She could be on the Court for a quarter century and not be as old as Bader-Ginsburg is now.

Plus, she won re-election in 2012, so her replacement would be in there until 2018.

 

bigdarryl

(13,190 posts)
14. I'm 56 but for a newbie for the SOTUS yeah I think early forties to mid forties is a good age
Mon Feb 15, 2016, 09:44 AM
Feb 2016

ew ob

Amishman

(5,929 posts)
12. Kelly or Srinivasan are good options
Mon Feb 15, 2016, 08:25 AM
Feb 2016

very qualified individuals and their previous unanimous approvals means any senate repub bullshitting will be exposed for the partizan nonsense it is.

librechik

(30,957 posts)
16. Why does he have to replace him with another Scalia? I don't like this meme.
Mon Feb 15, 2016, 09:47 AM
Feb 2016

oh, I know he's a captive president, but not allowing him to appoint whoever he wants is going too far.

 

oberliner

(58,724 posts)
18. He can appoint whoever he wants, but he needs a few Republicans to vote to confirm
Mon Feb 15, 2016, 10:18 AM
Feb 2016

Since they hold the majority in the Senate. He needs to pick someone that at least 4 Republicans can vote yea on.

librechik

(30,957 posts)
19. yes, and since they took a blood oath in 2009 to NEVER vote yea
Mon Feb 15, 2016, 10:21 AM
Feb 2016

I will be going insane. Wake me up when it's over!

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