Coming battle over Scalia vacancy departs from historic norm

Published 8:58 am Monday, February 22, 2016

WASHINGTON — The history of Supreme Court nominations is dominated by tales of picks the Senate debated and approved with little angst. President Barack Obama’s upcoming effort to fill the vacancy created by AntoninScalia’s death doesn’t seem to be one of those stories.

Senators were returning to Washington Monday from a weeklong recess that saw the 79-year-old justice’s unexpected passing inject a blaring new issue into this election year. Senate Majority Leader Mitch McConnell’s declaration that the vacancy should remain “until we have a new president” infuriated Democrats who want the spot filled promptly, setting up a lengthy fight for which each side is still mapping its moves.

McConnell’s statement was an unambiguous cry of opposition to confirming an Obama pick, but it seemed to leave leaders with the tactical flexibility for some Senate consideration short of approval, such as hearings.

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But the majority leader — who controls the Senate’s schedule — seemed to rule out that option in an opinion column posted late Friday on the Lexington Herald-Leader newspaper’s website. The Kentucky Republican wrote that he favors “deferring action in the Senate” until a new president selects someone for the vacant seat.

The stakes for the Scalia vacancy are especially high because by replacing him, Obama could tip the court’s balance from conservative to liberal. He’s expected to announce his nomination in coming weeks.

Considerations not yet publicly known were making it tough for Republicans to fine-tune their approach just yet, including questions about whom Obama will name and who the GOP presidential nominee will be.