The presence of the late Justice Antonin Scalia was certainly missed during the opening of the United States Supreme Court last Monday. However, with Scalia's seat empty, what will happen next?
An interesting thing in this situation is that a nomination for Justice Scalia's replacement should be done sooner rather than later. CBS News reported that the Senate refused to vote on a nominee until a new president is elected. In addition, it is said that there are cases pending that needs to be addressed. In the event that Justice Scalia voted on a case being heard, his vote will be rendered as null and void.
The thing to note is that the president must nominate a replacement and then the Senate will vote or block the nominee. According to CNN, there are three possibilities in this situation.
One, seeing things in the light of the nearing election, president Barack Obama can nominate a moderate who's agreeable and not that divisive.
Two, the president can appoint during the Senate recess. This is only a temporary replacement that will last until December of 2017, but there is no Senate to block the appointment.
Three, the president should appoint a great legal mind at the end of his or her career. CNN suggested, Judge Richard Posner a great legal mind that nobody seems disagree with.
Chief Justice John Roberts started the Monday session with a tribute to the dear departed Justice. The US Supreme Court draped a black robe on the beloved Justice's empty chair. According to NBC News, Chief Justice Roberts closed his statement by saying, "Our man for all seasons, and we will miss him beyond measure."
Justice Scalia was known as a great dissenter and a stalwart of the United States Constitution. His Jurisprudence showed strong belief in separation of powers, his stand on states' rights, and a famous voice for pro-life advocates. He also believed the law on same-sex marriage is invalid.
