Blogging for the Center for American Progress, Jake Faleschini and Billy Corriher write that a long vacancy without a replacement would likely result in a number of 4-4 splits on the Court in controversial cases. Such an outcome would allow lower court rulings to stand in those cases. Meanwhile, political scientist Alicia Uribe argues in Vox that President Obama would increase his chances of having his next Supreme Court nominee confirmed if he chooses from the ranks of the lower federal courts. And a columnist for the Boston Globe argues that the kind of “political mud fight” that erupted over Justice Scalia’s replacement could be avoided if Supreme Court justices were term-limited instead of having life tenure.
Justice at Stake has warned against the politicization of the nomination process for Justice Scalia’s successor. In a statement, Executive Director Susan Liss said, “All sides must respect the dignity of the constitutional process, which is the best way to honor Justice Scalia’s memory and serve the American people.”(See Gavel Grab.)