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U.S. NEWSMonday 22 February 2016
Supreme Court scuffle triggers constitutional clash
the Senate to give a vote. a quarrel over Obama’s
With a vast majority of
Americans already disil- health care law led to a
lusioned by Congress, the
White House hopes the Re- partial 16-day government
publican gambit will back-
fire. shutdown. Obama has
“It’s a little bit like saying,
God forbid something hap- faced repeated nail-biting
pen to the president and
the vice president, ‘We’re moments in which it ap-
not going to fill the presi-
dency for another year peared Congress might al-
and a half,’” saud Vice
President Joe Biden, who low the U.S. to default on its
attended Scalia’s funeral
Mass on Saturday. debt or refuse to fund the
Republicans are unim-
pressed by those appeals government.
to the Constitution. After all,
many of the leading cases Obama acknowledges
now before the Supreme
Court question Obama’s that he and his party aren’t
unilateral actions. Oppo-
nents argue Obama ex- blameless. The White House
ceeded his legal authority
with climate change and says Obama regrets that
immigration policies that
he tried, but failed, to per- when he was a senator, he
suade Congress to enact.
“There is a significant por- supported using a proce-
tion of the country that
watches the pretty egre- dural maneuver to block
gious constitutional liber-
ties the president has taken a vote on Samuel Alito’s
over the years and views
with a sense of humor his nomination to the high
newfound respect for the
document,” said Josh Hol- court. Alito was confirmed
mes, former chief of staff
to Senate Majority Leader anyway.
Mitch McConnell.
The prospect of a pro- Less than three years ago,
tracted Supreme Court va-
cancy sounded alarms for when Democrats ran the
those who worry that con-
The front of the U.S. Supreme Court is seen at dawn in Washington. Republican opposition to letting gressional gridlock will ulti- Senate, they changed
President Barack Obama replace Antonin Scalia quickly sparked a constitutional clash over the mately grind government
president’s right to fill Supreme Court vacancies. to a halt. Three years ago, practices so that the minor-
(AP Photo/Alex Brandon) ity party couldn’t use Sen-
JOSH LEDERMAN So as both parties pre- islative process,” said Jim ate rules to block presi-
Associated Press pare for political brawling, Manley, a former aide to
WASHINGTON (AP) — It only the eight remaining jus- Senate Democratic leader dential nominees for key
took one man’s death to tices could spend the next Harry Reid. “This is the natu-
give Congress an opening year hearing critical cases ral reaction to the contin- appellate judgeships. The
to extend its dysfunction to alongside an empty seat, ued Senate breakdown
the rest of government. unable to break a tie in the we’ve seen for years.” change, which did not ap-
Republican opposition to event of a 4-4 split. Supreme Court nominees
letting President Barack The standoff raises a sce- have been rejected be- ply to Supreme Court picks,
Obama replace the late nario that Washington long fore. Yet Democrats ac-
Justice Antonin Scalia has dreaded: that bitter cuse Republicans of taking was accomplished without
quickly sparked a constitu- partisanship in Congress, obstructionism to a new
tional clash over the presi- mixed with the tactics of level by insisting Obama a single Republican vote.
dent’s right to fill Supreme obstruction, would even- not even name a nomi-
Court vacancies. Demo- tually jeopardize the basic nee with 11 months left in Infuriated Republicans
crats, who have their own ability to function of anoth- his term — and refusing to
history of boxing out Re- er branch of government. hold a confirmation vote if warned that Democrats
publicans over court nomi- “If Republicans do what he does. Though the Con-
nees, are up in arms, but they suggest, I think we’re stitution is clear that it is the would lose Senate control
begrudgingly concede headed not only for a con- president who nominates,
that Obama’s pick is un- stitutional crisis but also for Republicans say the Found- sometime and regret that
likely to be confirmed. big problems for the leg- ing Fathers never required
they had trampled on the
minority’s rights.
Obama and his aides have
said he will nominate a
qualified candidate who
can win Republican sup-
port. But to overcome
procedural roadblocks,
Obama would have to
peel away 14 Republicans,
and that feat looks impos-
sible now.q