Wednesday, February 24, 2016


Scalia’s replacement on SCOTUS has already become another nasty political circus in DC.

The Republicans have reiterated that they will not even consider any Obama nomination until after the November elections leaving an 8 member Court split evenly between conservatives and liberals. The potential of a tie and no decision in important cases is a real one.
There have been times in the past when Scotus has function with an even number of Justices There was a period when there were 10. In fact the Constitution does not mention any number of Justices. FDR tried to increase it to 15 but even his Democrat Congress would not approve.

Obama could by executive power select a temporary Justice when Congress is not in session this summer who would serve until Congress approved a new Justice. Obama could also submit a number of names from which Congress could select one or up to all perhaps enlarging the Court.

The latest rumor is that Obama is seriously considering Nevada’s Republican Governor Sandoval whom the Senate unanimously confirmed Sandoval as a district court judge in 2005 during George W, Bush’s Presidency. Sandoval stepped down from the bench in 2009 to run for Governor. He has a high degree of national popularity.

Other pundits have suggest that Obama’s short list includes D.C. Circuit Court Judge Sri Srinivasan and California Attorney General Kamala Harris as well as U.S. Attorney General Loretta Lynch.Yes, the next few months are going to be worth watching.

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