Scalia Dead; Obama Can Get a New Justice, Maybe without Republicans
Antonin Scalia died on February 13. Obama might be able to nominate a justice and have that person confirmed by a Democratic-majority Senate. The Democrats have a reasonably good chance to retake the Senate majority in the November 2016 election (8 seats now held by Dems are up; 17 seats now held by Rs are up). The 2017 session of Congress starts January 3, 2017. Obama does not leave office until January 20, 2017. So he can nominate the next justice during that 17-day period in the 115th Congress and get confirmation from a Democratic-majority Senate, regardless of who wins the 2016 election for President.
Not enough time in January 2017, you say? Obama could nominate much earlier than that, in the 114th Congress, so that all the hearings would be concluded prior to January 2017.
The minority Rs in January 2017 would filibuster, you say? The Democrats could use the “Constitutional option,” as they did in 2011 over a bill about Chinese currency manipulation. The filibuster can be eliminated any time a majority in the Senate want to eliminate it. But the Democrats have been exceedingly weak in exercising that authority, when they have had Senate majorities.
http://www.huffingtonpost.com/2011/10/06/harry-reid-senate-precedent_n_9…
http://www.progparty.org/
Source: http://www.progparty.org/node/510
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