Regardless of who wins the upcoming presidential election, the hope of getting another Supreme Court Justice like Antonin Scalia is slim. In order for that to come about, these things must all happen.
The Senate will have to delay the confirmation of a successor. A Republican will have to win the presidency. The GOP will have to retain the Senate in November. And, the Republican president in office will have to nominate someone who is not a wolf in constitutionalist’s clothing.
The solution may well have been given to us by Scalia himself while commenting in a dissenting opinion. To-wit: With “each decision ... unabashedly based not on law” the Court moves “one step closer to being reminded of [its] impotence.”
The court is impotent in that it does not have an army or police to back up its rulings; if the executive branch does not enforce the Court’s rulings, they don’t get enforced. And the states, by the aut...
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