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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
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