WASHINGTON — Just after news broke that long-time Supreme Court Justice Antonin Scalia had died at his Texas ranch, Senator Richard Shelby (R-Ala.) hailed the conservative jurist as one of the strongest defenders of the Constitution in American history.
Scalia was appointed to the High Court by President Ronald Reagan in 1986.
“Today I join all Americans in mourning the loss of Justice Antonin Scalia,” Shelby said in a statement. “There has never been such a strong voice for the Constitution on the Supreme Court, and he will be sorely missed. Justice Scalia will be forever remembered for his dynamic intellect, his deep respect for the rule of law, and his unwavering commitment to the principles on which our nation was founded. My thoughts and prayers are with his family during this difficult time.”
Attention quickly turned to the political and policy ramifications of Scalia’s death. Recent Supreme Court decisions have often been decided by a 5-4 margin, with Justice Anthony Kennedy often acting as the swing vote between the Court’s conservatives and liberals.
President Barack Obama will now have the opportunity to nominate a successor for Scalia, who is often hailed as the intellectual leader of the Court’s conservative wing.
The President’s appointees are subject to confirmation by the United States Senate, which Republicans currently control by a 54-46 margin.
“This great loss brings on a great responsibility for the United States Senate,” said Senator Shelby. “Justice Scalia’s replacement should be considered carefully and thoughtfully because it is vital to our nation’s future that we confirm a justice who will continue his legacy. I will adamantly oppose any attempt by President Obama to fill this vacancy during the remainder of his term.”
Shelby’ sentiments were echoed by Senate Majority Leader Mitch McConnell (R-Ky.).
“The American people should have a voice in the selection of their next Supreme Court Justice,” he said. “Therefore, this vacancy should not be filled until we have a new President.”
Senate Minority Leader Harry Reid (D-Nv.), however, urged President Obama to immediately nominate Scalia’s successor.
The President can and should send the Senate a nominee right away. The Senate has a responsibility to fill vacancies as soon as possible.
— Senator Harry Reid (@SenatorReid) February 13, 2016
Any nomination will have to begin in the Senate Judiciary Committee, on which Alabama Senate Jeff Sessions sits, along with other stalwart conservatives, like Senators Ted Cruz (R-Tx.) and Mike Lee (R-Utah).
Senator Lee’s communications director was blunt about the prospects of an Obama nominee making it through the gauntlet.
What is less than zero? The chances of Obama successfully appointing a Supreme Court Justice to replace Scalia?
— Conn Carroll (@conncarroll) February 13, 2016
If anything this will put a full stop to all Obama judicial nominees going forward.
— Conn Carroll (@conncarroll) February 13, 2016
Multiple Republican presidential candidates also urged the Senate to hold off on confirming a nominee.
Democratic candidates also expressed their condolences, but a comment by Hillary Clinton from last month will probably keep Republican awake at night.
Hillary on possibility of appointing Obama to SCOTUS: "Wow. What a great idea. Wow… He is brilliant… He has all the credentials."
— Cliff Sims (@Cliff_Sims) February 13, 2016
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