The longest serving justice in SCOTUS and a strict Constitutionalist, Justice Scalia, has passed away today. He was 79 years old. This comes as sort of a surprise though. Details can be seen here. It looks like all the political talking heads are already making noises about a possible appointment. Odds are Obama will choose an Über-Marxist lunatic to replace him.
Exactly my thoughts too. I believe Obama has already voiced he would be "up for the task" of becoming a supreme court judge. All of this is just too convenient at a time when tension is at its highest and reaching a breaking point.
It was something everyone has been waiting for, mainly many wanted him to step down and retire, but he refused. If you study his dissents he has held back justice for many years and even made justice look weak. Perhaps there is hope now for SCOTUS to be more effective now. However, I am sure the Republicans will not make it easy to approve the next associate justice, they never do, but to leave a seat empty for too long is also a poor decision.
It seems that fate is favoring Obama since he is given the opportunity to appoint a replacement for Chief Justice Scalia. For that, Obama will be remembered when he goes down from his presidential throne because of that appointment. Let's just hope that his appointee will fit the shoes of Scalia. Some years ago, the chief justice of the Philippines was replaced by a young justice at 52 years old. The former chief justice was impeached for probable corruption that is related to his false information regarding his net worth.
Unsure I'd like SCOTUS to be more effective. As a "strict constructionist" I'd prefer the Court limit its opinions to matters of interpreting how laws in question either fit or don't fit with the US Constitution as written. No more legislating from the bench!
not American but suggestion BO can make 'recess appointment' for Justice as for other posts - clearly this is crucial as it would mean no CONFIRMATION by Senate - can anyone state the rule here?
The originalist view is one that is highly debated. One tries to imagine what the Framers meant and intended, but the very fact that Federalism waned after Adams shows that even the men who created and drafted the Constitution were arguing over what they really wrote and meant indicates that Originalism was not their intent. If they went back on what they said, or interpreted it differently as society progressed and new states were added, surely that shows the Constitution is meant to be adapted to how society evolves. That is why they allowed amendments, however back then getting 2/3 of 13 states was easier than 2/3 of 50 states now.
Hmm. Do you think that Obama pulled a Hillary and had a part in getting rid of him just in time before Obama's exit from the White House and term at the end of the year, or that he really did die of natural and unforseen causes? With all of the unexplained deaths surrounding the Clintons and Mr. Obama, it is really hard for me to say if that is the case or not because he was nearly 80 years old.
Seriously? People have been trying to get rid of him before Obama was in office. The fact is several of the justices will die soon or retire, it's just when. Kenneday, Ginsberg, and Breyer are all over 75 and everyone knows they won't be around for another decade in good health. Personally I see it as fate, if he resigned maybe upstairs would have let him live longer, but there was no foul play and insinuating as such is ridiculous. People can die at any age, but once people hit over 65, the body naturally slows down.
This is something we will be hearing about for month. I think that Obama will have an extreme amount of difficulty getting the nominee approved. I think it will just be someone that will end up being approved after the next election. I mean it is just the Republican congress thumbing its nose at the President. With all the partisan nastiness it is no wonder nothing can get done in this country.
