After the recent death of Justice Scalia, there have been many speculations as to whom might replace this conservative stalwart on the bench.Names of replacements have been thrown out to test the water while others have drawn lines in the sand. We are starting to see two opposing scenarios play out in this most crucial of all Supreme Court battles.
If Obama names Attorney General Loretta Lynch, there will be a battle in the Senate to pass. Should her nomination actually make it to the floor it would face more scrutiny than her Attorney General confirmation. Her confirmation process narrowly passed with the help of Mitch McConnell and nine fellow Republicans. A nomination for a lifetime appointment to the highest court will not have the same support from Mitch McConnell this time around.
The nomination of anyone who doesn’t represent Constitutional mainstream values similar to those of the late Justice Scalia will face an uphill battle in the Senate.
If the Senate simply chooses not to allow a nominee to come to the floor, there will be pressure and pandering by both sides.
If a recess appointment is made by Obama. This would fill the vacant seat with what would essentially be a temporary Justice allowing the Court to continue on with Scotus business without the burden of the lifetime appointment. This would allow the next President to make the decision of whom would fill the seat.
If the President were to nominate an Orin Hatch or someone of similar character, makeup and conservative leanings as Justice Scalia, he or she would face little opposition and should conceivably have a smooth nomination process.
The decision between “War and Peace” is in the President’s hands. He can nominate someone or allow the next President to make the decision. His choice could face an impossible dead end or a smooth ride. Either way, the legacy of Justice Scalia and the future of the Supreme Court are at stake.