WI: Justice Scalia dies during Obama’s first term?

Md139115

Banned
Let’s go with before the 2010 midterms

He’d pass his choice without many problems. The Democrats control the Senate and the Republicans can only fillibuster. There is also enough moderate Republicans left to side with the Democrats in invoking cloture one the guys running for re-election get their chance to make their principled stand.
 
He’d pass his choice without many problems. The Democrats control the Senate and the Republicans can only fillibuster. There is also enough moderate Republicans left to side with the Democrats in invoking cloture one the guys running for re-election get their chance to make their principled stand.

I’d assume either Kagan or Sotomayor replaces Scalia depending on when he dies. This then leaves the question of who will replace the Justice Kagan replaces in OTL in 2010.
 
Even if it is after 2010, eventually Obama gets his choice. The current situation only happened because the interval between Scalia's death and the election was short. Even if the nomination is held up until after the 2012 election, once Obama wins a second term the obstructionism of not even having hearings for another four years is unsupportable. The political cost to the Republicans in not allowing any nomination to get to a vote for 4-5 years is too high.
 
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