Justice Antonin Scalia Dead at Age 79; McConnell Vows No Obama Nominee

Senior Associate Supreme Court Justice Antonin Scalia died at a West Texas ranch this morning, according to the San Antonio Express-News.

Scalia, appointed to the Court by Ronald Reagan in 1986, was the dean of the conservative wing of the Supreme Court.  Known for his brash writing style and acerbic wit, he was one of the most conservative Justices appointed in the last forty years.

His death will throw the ideological balance of the Supreme Court into limbo, with President Obama being given yet another chance to shape the court, appointing his third nominee, and the first time in recent memory where a conservative oriented justice will clearly be replaced by a liberal.  The Senate must confirm whomever the President selects, and it is likely that whomever is appointed to the court to replace him will undergo the most significant vetting process any nominee has ever received.  With current tensions between Congress and the Executive Branch at an all time high, and Republican control of the Senate, the process to replace Justice Scalia could take considerable time.

Given the number of significant cases affecting Virginia pending at the Supreme Court, not the least of which include the challenge to our Congressional lines and the appeal of Governor McDonnell’s conviction on corruption charges, it is difficult to say immediately what the impact will be.  It’s likely that Court business will slow with the vacancy, and the potential for 4-4 ties that result in cases being held over will be significantly increased in the coming months.

UPDATE:

A bit of extra analysis is in order after tonight, Senate Majority Leader Mitch McConnell announced that the Senate will not approve any Obama appointees for this Supreme Court slot.  The President immediately announced his intention to nominate, according to CNN.

Before the liberals/progressives/socialists or whatever they are calling themselves this week start screaming, this is not an unprecedented move.  This will be the sixth time in American history where a lame duck President has not seen their Supreme Court appointees approved by the Senate.  This was previously seen during the John Quincy Adams, Millard Fillmore, John Tyler, James Buchanan and Lyndon Johnson presidencies, the most recent being the Abe Fortas and Homer Thornberry nominations, for Chief Justice and Associate Justice respectively, which were rejected by the Senate in October 1968, a month before the election of Richard Nixon.  Fortas withdrew his name from consideration, which rendered Thornberry’s nomination moot. Nixon went on to appoint Warren Burger to the Chief Justice role.  The longest vacancies, for two seats during the Tyler Administration, lasted over 15 months and one was not filled until his successor took office.  The seat remained vacant from April 1844 to August 1846.

Overall, fourteen potential Supreme Court nominees have been torpedoes by the Senate because their nominating president was a lame duck or the party controlling the Senate believed their candidate would win the presidency.

Given the importance of ensuring a solidly conservative replacement for Scalia’s storied career as the greatest conservative jurist of the modern era, it’s assured that both the establishment and anti-establishment wings of the party will unite behind McConnell’s intent to block any Obama nominees.