[Magdalen] R.I.P. Justice Scalia

[Roger Stokes]

On 13/02/2016 22:57, Scott Knitter wrote:
> That's why I said I realize it may not happen.
>
> On Sat, Feb 13, 2016 at 4:46 PM, Grace Cangialosi <gracecan at gmail.com> wrote:
>> Scott, there is no way the Republicans will ever confirm an Obama appointee.

I can see three crucial dates in this scenario.  The first is 8 November 
2016, election day. That (subject to the possibility of absentee ballots 
being crucial in some states) should determine the make-up of the Senate 
and who will be President for 2017-21.  The next is 3 January 2017 when 
the new Congress officially takes office.  The final one is 20 January 
2017 when the new President is inaugurated.

Although President Obama is term-limited he continues to hold all the 
powers of President until noon on 20 January 2017 so is free to nominate 
to federal positions, including the Supreme Court.  My understanding is 
that those nominations have to be confirmed by the Senate before they 
become effective.  Until 3 January that will be the current Senate with 
its Republican majority.  If, as might well happen, they lose that 
majority in the November elections would they want to block a nomination 
in the final weeks of that majority knowing that come January the new 
Senate could take a different view?

Interesting possibilities await.

Roger