Lion of the Blogosphere

Justice Scalia died

1. I am very sad because I enjoyed reading his dissents when I was in law school. He was my favorite Justice.

2. This is a reminder that when people are as old as Scalia (79), you can die just like that even though you appeared healthy the day before.

3. This is a gift to liberals and a horrible blow to conservatives. Obama gets to replace him with a liberal Justice. The 5-4 conservative majority (Scalia, Thomas, Kennedy, Alito and Roberts being the conservatives) has just vanished. Even if a Republican wins the election, it’s too late. Prepare for massive liberal rulings like haven’t been seen since the 1960s. For starters, forget about any chance that the Supreme Court will find Obama’s executive orders on immigration to be unconstitutional.


Obama will nominate a liberal Hispanic.

Why? Hasn’t Obama already appointed a Hispanic justice?

Obama values diversity on the Supreme Court, and the reasoning is that the nation is less than 67% white, so why should the Supreme Court be 78% white. I think that Obama genuinely believes that.

Also, having the Republicans reject a Hispanic nominee will be valuable propaganda with Hispanic voters for the coming presidential election.

* * *

In response to some comments, Roberts is definitely a conservative justice, he’s just not the partisan hack that Obamcare-haters wanted him to be. I think he made the correct legal decision, based on stare decisis, in not finding Obamacare unconstitutional.

Written by Lion of the Blogosphere

February 13, 2016 at 5:59 pm

Posted in Law

52 Responses

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  1. ” … Obama gets to replace him with a liberal Justice. …”

    Obama is unlikely to get a liberal confirmed.

    James B. Shearer

    February 13, 2016 at 6:08 pm

  2. Its a Republican Senate, and Scalia is one of the red justices. Supreme Court nominations now get the same sort of attention as whether a new state was going to be a free state or a slave state in the early nineteenth century.

    Obama has to nominate someone who is clearly a conservative and a Republican, but not as conservative as a nominee by an actual Republican president would be, but someone the Senate wouldn’t reject. Someone who would basically be where Anthony Kennedy is in Supreme Court politics.

    Lindsay Graham is now available, for example.

    He has an alternative strategy of sending someone who is so controversial that the Senate will reject him or her after a long debate, ensuring that the seat is not filled until after a new President and a new Senate come in, in the hope that both are Democrats. I think that strategy is too risky. Actually its something that the Senate Republican caucus might do anyway, in the hope that the election goes their way.


    February 13, 2016 at 6:13 pm

    • Obama is not going to nominate a conservative Republican. I don’t see how you could possibly think that. This is his chance to seal in a permanent governing liberal majority, since the court now seems to have veto power on any legislation that doesn’t meet their political and ideological predilections.

      The way I see it, McConnell has two options:

      Take the consideration of a SC nomination off the table until after the election.

      Work with the President to come to a mutually agreeable blah blah blah…

      Since I suspect a Democrat is going to win in November either option leads us with a liberal justice, and therefore the court warping the constitution into some unrecognizable shape. In any case, this is a serious blow for the right.

      Mike Street Station

      February 13, 2016 at 6:45 pm

    • I think that Obama has never been a statesman, so I doubt he will nominate someone who is moderately conservative. I think he will select someone whom the Senate Republicans will block, and then will continue to complain about obstructionist Republicans in Congress.

      I think this year will be a great boon for the left when it comes to court decisions. If the decisions are 4/4, then the liberal circuit courts will prevail.

      I doubt the vacancy will be filled while Obama is president, unless he decides to reach out for once and nominate a moderately conservative Justice. The issue of who will fill the vacancy will become an important matter on the campaign trail, and it will likely entice the Republican and Democratic bases to go out and vote for their party’s candidate


      February 13, 2016 at 6:48 pm

    • I don’t think the Democratic base would allow that. Put yourself in their shoes. They’ve lost a lot of 5-4 decisions to conservatives, and they’ve been hungering for just this moment. They’d explode if Obama threw away the opportunity and appointed a non-leftist. It could damage the party’s chances this November if disgruntled liberals bitterly sit out or vote third party.

      Getting a leftist on the court in Scalia’s seat is also a great way to mobilize the base and roust up donations. As I pointed out elsewhere, 30,000 fewer Democrats than Republicans showed up to vote in New Hampshire last week, which suggests a deflated and uninspired base. You need something to get them out to the polls, and this War Drum just might be it.

      If I’m Obama, I appoint an impeccable leftist with strong credentials and dare the Senate to vote him down. And if they do, I find another one and keep doing it until election day. Keep the base roused.


      February 13, 2016 at 6:50 pm

  3. They are already talking on Twitter about Obama nominating a black lesbian. I am not kidding.


    February 13, 2016 at 6:16 pm

  4. I never, ever thought this before, but I can honestly see this country going down in flames.


    February 13, 2016 at 6:16 pm

    • I dunno, sometimes it takes a crisis to wake up the sleeping giant. The overall sense of the citizens that things are amiss may only be elevated by this crises, especially if the noble lie (TM Lion)/PC/SJW crowd overplay their hand (which is their wont). Offering to put a major Leftie SJW on the Supreme Court may be just what is needed to put Trump in the WH.


      February 13, 2016 at 7:16 pm

  5. There’s no way in 10 million years that Obama would nominate a white male conservative to replace Scalia, that would counteract all the “transformation” work he’s done in filling the Government with leftists who share his desire to centralize more and more power into bureaucracy.

    He’d choose a moderate Democrat first. And non-Hispanic white males are 60% of licensed attorneys who’ve passed the bar, but in his judge appointments Obama’s appointments are overwhelmingly minority or female.


    February 13, 2016 at 6:31 pm

  6. I don’t think Obama will be able to get a nominee confirmed, unless he surprises everyone by appointing a middle of the road Anthony Kennedy type (he won’t).

    So this election is about to become much more hysterical and hidebound. There have been hopes that Trump would be able to make in-roads on traditional Democratic constituencies, but this is going to make that harder. My hunch is that it also makes Trump’s primary path harder too, just because he’s an unknown quantity with a history of making stupid statements like saying his left-wing sister would make a good Supreme Court justice. Cruz, Rubio and Bush are going to attack him hard on that stuff, and it could hurt him when Republican voters are reeling at the thought of the Second Coming of the Warren Court.

    Despite Bernie Sanders’ talk of “revolution,” Democratic voters have been unengaged in this election. If you look at the New Hampshire primary, far fewer Democrats voted than Republicans; the numbers were almost exactly like 2008 except in reverse. That augured well for a Republican victory in the general election, but a Black Swan event like this could easily stir malaised Democrats back into the game.

    I guess we’ll see how much the general public cares about the Court’s ideology. The good thing for us is that a Republican victory would merely uphold the status quo, while Clinton or Sanders will have to argue that the Court needs to be much more radically leftist than it already is, and I don’t know that the average person on the street desires that. We’ll be hearing a lot about past 5-4 decisions and what reversals in those cases would mean.

    We’re going to be puking like Pavlov’s dog at the words ABORTION and GUNS by the time all this is over.

    At the most pessimistically, it’s going to mean a retrenchment of old Blue State, Red State politics, with an ugly narrow 2000/04 type victory at the end of it for whomever wins. Until now I’d been very hopeful for a big Trump breakout in the Great Lakes and Pennsylvania, maybe 330 electoral college votes or more. I don’t know now.


    February 13, 2016 at 6:37 pm

    • I don’t think this will hurt Trump at all. If anything it will fire up Republicans just as much as Democrats to keep the court leaning in their favor. Establishment Republicans don’t exactly have the greatest track record of picking conservative Supreme Court Justices anyway..particularly if their last name is Bush. The Bushes pick flaming liberals every time they get the chance. Roberts is a complete disgrace. At this point the electorate trusts Trump on these kinds of choices every bit as much if not more than the usual cast of cuckolds.


      February 13, 2016 at 6:56 pm

    • “There have been hopes that Trump would be able to make in-roads on traditional Democratic constituencies, but this is going to make that harder. ”

      I have no idea what you are talking about. Why would a protracted fight over a Supreme Court seat dissuade white working class people from going for Trump?


      February 13, 2016 at 7:08 pm

      • Black voters worried about affirmative action. Squishy suburbanite soccer moms worried about abortion.

        Basically, the culture wars distracting from the economic argument.

        That’s present in every election, but it’s going to become a lot more real when one of the major election issues is going to be, without ambiguity, whether a conservative jurist should be replaced by a liberal one in a narrowly divided court.


        February 13, 2016 at 8:47 pm

      • Dude, squishy suburban moms and black voters were never gonna vote for Trump. The trad Democratic constituency that Trump is going after is the white working class – men AND women. A culture war helps him.


        February 13, 2016 at 9:12 pm

      • A culture war would just throw things back into the Oughts, where people are fighting over slivers of votes in Florida and Ohio. If Trump is talking about abortion & guns & school prayer and the other stuff from Karl Rove’s old playbook, rather than wall-building and wage growth, it’s just going to redraw the old lines.

        And you’re flatly wrong about the white working class. The white working class has been voting Republican for years; Obama lost them by 26 points last time. The innovation of Trump’s campaign is putting their interests ahead of the party’s corporate wing in the Republican coalition. He’s not taking them away from the other side. If any in-roads into the Democratic coalition are going to be made, it’s going to be among blacks worried about finding a job ahead of an immigrant, suburban squishes fearful of falling out of the middle class, Dilberts worried about being replaced by an H1B, etc. etc. Culture wars just remind these voters why they didn’t vote Republican before.


        February 13, 2016 at 9:53 pm

    • Or the heightened danger just elevates the urgency of the forces already supporting Trump.

      Jeb’s brother made at least one horrible selection, Harriet Miers, before nominating Alito. And Daddy Bush nominated David Souter, another dud. Seems to me Trump can make a case that the establishment candidates cannot necessarily be trusted to select a good conservative.

      Trump’s got a tougher case to make in relation to Ted Cruz who will almost certainly position himself as the savior of the nation who will hold off any Senate confirmation until a new president is in office. However, Trump is smart enough to perhaps use this against Cruz, maybe arguing that Cruz needs to focus his energies on the confirmation crises instead of running for President.


      February 13, 2016 at 7:11 pm

  7. Roberts is not a conservative.


    February 13, 2016 at 6:42 pm

  8. It makes no real difference to the elections. More then one of the justices weren’t gonna make it for the next 4-8 years anyway. There are a lot of old folks on that bench. Republicans shouldn’t approve any Obama’s candidate and let Trump make the appointments.


    February 13, 2016 at 6:50 pm

  9. I think we’ll find out how much the white Reagan Democrats really love their country. Will they turn out for Trump and save the country or will they allow it to go down in flames under the guise of Supreme Court ideology.

    Andrew E.

    February 13, 2016 at 6:57 pm

  10. Scalia is dead, dead, dead. I’m so happy.

    Even if Obama nominated a liberal (I doubt he would) and the Senate confirmed his nomination (which I highly doubt), Ginsberg could drop dead at any moment. If a Republican takes the White House, we could have a conservative court again.


    February 13, 2016 at 7:01 pm

    • You are an extremely unpleasant, Vince, and thoroughly illogical.


      February 13, 2016 at 8:33 pm

    • This is the centre left, lol.


      February 13, 2016 at 8:36 pm

  11. How unbelievably depressing this news is.


    February 13, 2016 at 7:03 pm

  12. Scalia is dead and Ginsburg is bathing in young human blood to stay alive.


    February 13, 2016 at 7:10 pm

  13. I didn’t comment on Scalia as a justice, but he could write well, and in general the originalist approach to interpretation is preferable to the blue state “living constitution” model, which tends too much to turn the higher courts into a sort of House of Lords (there are other interpretative philosophies but they don’t get much attention).

    Originalism has two big problems, and the first one is probably insurmountable. The first one is that the Constitution itself is a poorly drafted document, that itself underwent major revision by the post-Civil War Congresses and legislatures, so in practice its very hard to divine “original intent” and you always wind up bringing other values in. The second one is that in practice, “original intent” kept turning out to be what Republican politicians were arguing for at the time, so it became too partisan to be credible as an authoritative judicial philosophy.


    February 13, 2016 at 7:15 pm

  14. I just heard about this minutes ago. I’m in shock. Your three thoughts on this were identical to mine. This will be catastrophic if the GOP doesn’t fight like hell on this because it will not only allow the traitor in cheif to ramp his agenda through but a leftist supreme court will interfere with everything the next president tries to do.


    February 13, 2016 at 7:19 pm

  15. Another thought.

    Currently, the Senate is 54-46 Republican. But 24 of the 34 seats up this year are Republican, and it’s easy to see the GOP losing four when they have to defend so many. Even if Trump or another Republican wins the presidency, that would still give Obama a 17 day window to push a new justice through with a Dem Senate, and I don’t see why Democrats wouldn’t. The nuclear option would kibosh any Republican filibuster.


    February 13, 2016 at 7:20 pm

  16. If Obama has any strategic sense he would appoint Hilary Clinton: lose the Presidential skirmish to win the SCOTUS battle.

    I doubt he’ll appoint a pro-libertarian like Kennedy. But he unwittingly might as he searches for a centrist. The Libertarians trained a lot of people before 1990 who’re now judges wending their way up the system and whose credentials are centrist GOP or Dem, or non-partisan. The Libertarians intend to win the mental, legal, and demographic war.

    Scalia’s opinions, whether you liked him or not, were a joy to read if you like that sort of thing.


    February 13, 2016 at 8:10 pm

    • Clinton … That would be like appointing Harriet Miers except with every decision for sale, lol.


      February 13, 2016 at 8:35 pm

  17. Obama’s nominee will be voted on? Not so fast.

    Hot Air: President Obama will move to nominate a replacement. It’s also an almost near certainty that the nominee in question will not get a hearing while Barack Obama is still in office. Mitch McConnell and Chuck Grassley respectively have the final say as to whether any vote on the floor takes place. While there will be massive pressure from the Left for them to do so, I’m sure McConnell knows the sort of revolt which would follow were he to schedule such a vote.


    February 13, 2016 at 8:12 pm

  18. Good news for Lion: there is one less guido in the U.S.. Bad news for Lion: it’s not Maryk.

    OK, bad joke. No disrespect intended toward Judge Scalia. As a conservative and an IA I obviously loved him and regret his passing. Even Rachel Maddow could be heard saying good things about him today.

    Yes, this is very bad news for conservatives, as Obama will get to appoint a liberal judge now. But things may be even worse if Republicans try to delay the confirmation of a new judge until after the election. Won’t this look to voters like a transparent attempt to shape the court? In fairness, Obama won the election in 2012. Voters selected him knowing that he would be president if any court member died before Jan 20,2017. Fair is fair. If you want to shape the courts, you do so by winning the presidency.

    I wonder how this will affect the vote in South Carolina Something tells me this is could cause some problems for Trump. Now he has to get voters to believe that someone who spent his whole life in the social climate of New York City is going to appoint the next Scalia to the Supreme Court. Even the people who attend his rallies may have a hard time believing that.


    February 13, 2016 at 8:23 pm

    • Guidos make poor and irrational conservatives, solely for the fact that many IAs are meatheads, who come from deep agrarian roots (peasants are usually dumb and the consummate class unconscious proles). I believe guidos should embrace liberalism, it would make them into moderates, and not overly right-o-sphere bigots.


      February 14, 2016 at 4:18 pm

      • Only a group like the Spaniards on the European continent, have successfully embraced liberalism with socially conservative values – essentially, embracing moderate values. Much of Europe is either far left or far right.


        February 14, 2016 at 4:22 pm

      • “Guidos make poor and irrational conservatives”

        Was this comment a reference to me, Judge Scalia, or the 1/8th guido Ted Cruz? I doubt you’d view any of us as meatheads or bigots. What’s making you so nasty today? Did the cast of “The Jersey Shore” invade Montreal?


        February 14, 2016 at 8:03 pm

      • Before I begin, conspiracy loonies are speculating that Obama murdered Scalia — not surprising, given the extremist right wing leanings of the late judge, who made his racist views of minorities into a higher intellectual circle jerk, where many of us HBDers would cry with envy.

        The majority of Italian Americans (and specifically I’m referring to those who are 100% Southern Italian stock, not the more well liked mix Irish/German hybrids like yourself), who unlike other White ethnic groups, always had a strong, odious, dislike for american blacks — and there’s nothing wrong with that. It becomes an issue, when they take their hatred into mainstream politics, GIVEN THE FACT that many IAs are known for their short tempers, their lack of tact, and their provincial view of the world, thus projecting themselves as open racists. IA elites, those with stellar credentials in the academic world, often ponder why many of their co-ethnics are throwbacks from a previous era, where every other group, including blacks, Hispanics and Asians are on the ascension of becoming global players on a world stage. Meanwhile IAs are stuck with their “Staten Island” mentality, as a subject of ridicule, on LoftB as proles on heroin/steroids = Guidos on the Jersey Shore.

        Machiavelli once said that a particular group of people should either be embraced with love or be utterly destroyed from a political standpoint. There is no middle ground. Although insincere, Democrats have embraced this ideology openly, while Republicans who generally frown upon on minorities, do not engage in either. They just circle jerk about how immigrants and minorities are a threat to their existence, and IA Republicans like Scalia and Giuliani take it to a new level of discussion.


        February 15, 2016 at 10:54 am

      • Scalis was not a “racist.”

        Lion of the Blogosphere

        February 15, 2016 at 11:19 am

    • Scalia was found with a pillow over his head.


      February 15, 2016 at 11:58 am

  19. Democratic National Committee Chairwoman Debbie Wasserman Schultz said Scalia would have wanted himself to be replaced quickly.

    A partisan from the opposite party who likely never uttered a decent word in Scalia’s favor while he was living now offers herself up as the psychic who knows what the dead man would have wanted? And these are the people who think Trump is vulgar?


    February 13, 2016 at 8:24 pm

  20. McConnell can say all he wants to about not giving Obama his nominee, All it would take is for McCain, Graham, and handful of like minded RINOs to vote with Reid and the Democrats and Obama gets his nominee on the court, unless McConnell has got some procedural tricks up his sleeve.

    Sgt. Joe Friday

    February 13, 2016 at 8:24 pm

    • Lindsay Graham has already come out in favor of McConnell’s decision. John McCain is in the middle of a hard fought primary battle and is at the high point of his six year “pretending to be a Conservative” cycle. There is no way there will be a vote unless McConnell himself folds.


      February 13, 2016 at 8:35 pm

  21. We shall see. This is going to be fun.


    February 13, 2016 at 8:26 pm

  22. Reblogged this on To our bodies turn we then and commented:
    Sad news Justice Scalia died.


    February 13, 2016 at 8:29 pm

  23. Any of you guys reading the cucks on Redstate? What a bunch of worthless cucks.

    I’m tired of hearing the TruCons threaten to vote for Hillary. Go ahead, vote for Hillary. Nobody cares about you stupid TruCon cucks.

    Otis the Sweaty

    February 13, 2016 at 8:33 pm

  24. Obama seems to be going to nominate his Indian dept solicitor general.

    That will help motivate the already heavily democrat Indians to vote for the democrat nominee and to contribute more money to the democrats esp after Republicans reject that nominee or prevent a hearing.

    McConnell wants to delay everything so there is still a chance that President Trump will get to make the pick and that will probably be J. Michael Luttig.

    Interesting switch up would be for McConnell to say no to the selection before the election, then Obama nominates a conservative who may or may not get confirmed and then the Democrats are even more motivated to turnout so a democrat president can select the replacement for Ginzberg and others.

    One thing is for sure – Cruz is off Trump’s list of potential nominees.


    February 13, 2016 at 9:13 pm

    • I hope it is an Indian. Are they suddenly some huge voting block? I don’t think so. They’re numbers would be swamped by the whites turning out to vote for Trump who’ve never voted before. Are blacks and hispanics going to turn out in record numbers because the Republicans stalled some Indian from getting on the Supreme Court? Nah. Let’s hope Obama is this dumb.

      Andrew E.

      February 15, 2016 at 12:23 pm

  25. It would be clever of him to appoint a Hispanic male.


    February 13, 2016 at 9:16 pm

    • Really? Readers here think I’m a pro-Hispanic person, because of my heritage. Meanwhile some of Lion’s readers will make an argument that East Asians are better adapted to Western values than Hispanics, and not take Hispanism into consideration. An ideal society doesn’t operate only on high IQ.


      February 14, 2016 at 4:12 pm

  26. This is bad news for Trump. It his him on two vulnerable issues: the constitution and abortion.

    Trump never talks about the constitution and his ideas suggest he doesn’t respect or inderstand it. It will be hard for him to talk with any coherence about the kind of constitutional philosophy he thinks a Supreme Court judge should have.

    My guess is Trump planned to run as a pro-choicer during the general election. He has been pro-choice for what, 99% of his adult life? The suspicion that Trump won’t make abortion a litmus test for his SC picks will loom large in the minds of a lot of southern republicans.


    February 13, 2016 at 9:37 pm

    • Yep, I think the political implications probably favor Cruz.


      February 14, 2016 at 4:06 am

  27. It’s certain to be a Muslim. Beyond that my crystal ball grows hazy.

    Mark Caplan

    February 13, 2016 at 11:31 pm

  28. LotB: Roberts is definitely a conservative justice, he’s just not the partisan hack that Obamcare-haters wanted him to be. I think he made the correct legal decision, based on stare decisis, in not finding Obamacare unconstitutional.

    Yes, I once commented that Roberts was a solid, conservative and a great choice my GWB. I immediately got attacked by the obamacare-haters; and the obamacare decision was, of course, the only decision they objected to (or, in fact, the only decision they knew anything about).

    E. Rekshun

    February 14, 2016 at 1:32 pm

  29. A picture of Antonin Scalia and his extended family. Welcome to the Greaseballs!


    February 20, 2016 at 3:44 pm

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