Court vacancy reshapes race for president presidential race

Associated Press

WASHINGTON

The presidential election just got real.

The unexpected death of Supreme Court Justice Antonin Scalia – and the immediate declaration from Republicans that the next president should nominate his replacement – adds even more weight to the decision voters will make in November’s general election.

For months, the candidates have espoused theoretical, sometimes vague, policy proposals. Now, the prospect of President Barack Obama’s successor nominating a Supreme Court justice immediately after taking office offers a more tangible way for voters to evaluate the contenders.

Candidates in both parties moved quickly to reframe the election as a referendum on the high court’s future.

“Two branches of government hang in the balance, not just the presidency, but the Supreme Court,” Texas Sen. Ted Cruz said in the latest GOP debate, held in South Carolina just hours after word filtered out Saturday about Scalia’s death in Texas. “If we get this wrong, if we nominate the wrong candidate, the Second Amendment, life, marriage, religious liberty, every one of those hangs in the balance.”

Democratic Hillary Clinton painted a similarly stark scenario.

“If any of us needed a reminder of just how important it is to take back the United States Senate and hold onto the White House, just look at the Supreme Court,” Clinton said.

Clinton has said she would have “a bunch of litmus tests” for potential nominees, including a belief that the Citizens United ruling clearing the way for super political action committees and unlimited campaign contributions should be overturned. She also said the court’s makeup is crucial to preserving abortion rights and the legality of gay marriage nationwide.

Bernie Sanders, who is challenging Clinton for the Democratic nomination, has raised opposition to Citizens United as a requirement for any Supreme Court nominees.

Scalia, a hero of conservatives during his nearly 30 years on the Supreme Court, was found dead Saturday at a resort ranch in Texas. The court now is divided between four liberal and four typically conservative justices, putting the ideological tilt up for grabs.

Obama pledged to nominate a replacement in “due time,” even after Senate Majority Leader Mitch McConnell, R-Ky., said that responsibility should fall to the winner of the 2016 election.

Obama could try to ram a nominee through the Senate this year, taking a high court vacancy off the next president’s immediate to-do list. Even if that were to happen, a confirmation vote probably would be months away, leaving the Supreme Court in the center of the campaign during the nomination process.

With three other justices over the age of 75, the next president could have other vacancies during his or her tenure, even if Obama fills Scalia’s seat.