Last updated on: 3/10/2016 10:45:24 AM PST
Should Supreme Court Justice Scalia's Replacement Be Chosen by President Obama?
Pro (Yes)
Pro
"My thoughts and prayers are with the family and friends of Justice Scalia as they mourn his sudden passing. I did not hold Justice Scalia's views, but he was a dedicated public servant who brought energy and passion to the bench.
The Republicans in the Senate and on the campaign trail who are calling for Justice Scalia's seat to remain vacant dishonor our Constitution. The Senate has a constitutional responsibility here that it cannot abdicate for partisan political reasons."
Source: Hillary Clinton, Twitter post, twitter.com, Feb. 13, 2016
Pro
"[T]hey should hold hearings on Obama's nominee. It's Obama's duty to provide that nomination and I think that Congress should follow through on that, which obviously they are not."
Source: Phone Interview with ProCon.org, June 14, 2016
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Con (No)
Con
"Well, I can say this. If the President, and if I were President now I would certainly want to try and nominate a justice. I'm sure that, frankly, I'm absolutely sure that President Obama will try and do it. I hope that our Senate is going to be able -- Mitch, and the entire group, is going to be able to do something about it.
In times of delay, we could have a Diane Sykes, or you could have a Bill Pryor [two federal judges], we have some fantastic people. But this is a tremendous blow to conservatism. It's a tremendous blow, frankly to our country... I think he's going to do it whether or I'm OK with it or not. I think it's up to Mitch McConnell, and everybody else to stop it. It's called delay, delay, delay."
Source: Team Fix, "The CBS News Republican Debate Transcript, Annotated," washingtonpost.com, Feb. 13, 2016
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None Found
No positon found as of Apr. 21, 2016
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FORMER CANDIDATES
(Candidates who have withdrawn or who no longer meet our criteria appear below in black and white and in alphabetical order.)
Pro (Yes)
Pro
"[I]t is beyond my comprehension and it just speaks to the unbelievable level and unprecedented level of Republican obstructionism against Obama from day one. This is not something that is in debate. The Constitution of the United States of America provides that the president appoints, nominates a Supreme Court justice. And then the Senate holds hearings and deliberation and votes on whether or not to approve that nomination.
The idea that Republicans want to deny the president of the United States his basic constitutional right is beyond my comprehension. So I will do everything that I can to make sure that when the president makes his nomination, the Senate goes forward in as speedy a process as possible, holds the necessary hearings and hopefully appoints and selects the president — the Supreme Court justice that the president nominates."
Source: CBS News, "Face the Nation Transcripts February 14, 2016: Donald Trump, Marco Rubio," cbsnews.com, Feb. 14, 2016
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Con (No)
Con
"The simple fact is the next president needs to appoint someone with a proven conservative record, similar to Justice Scalia, that is a lover of liberty, that believes in limited government, that consistently applied that kind of philosophy, that didn't try to legislator [sic] from the bench, that was respectful of the Constitution.
And then fight and fight, and fight for that nomination to make sure that that nomination passes.
Of course, the president, by the way, has every right to nominate Supreme Court justices. I'm an Article II guy in the Constitution. We're running for the president of the United States. We want a strong executive for sure. But in return for that, there should be a consensus orientation on that nomination, and there's no doubt in my mind that Barack Obama will not have a consensus pick when he submits that person to the Senate."
Source: Team Fix, "The CBS News Republican Debate Transcript, Annotated," washingtonpost.com, Feb. 13, 2016
Con
"In an age where it is popular to subscribe to a 'living Constitution' and during a time when political and judicial leaders prefer legal decisions that are politically convenient, Justice Scalia always dutifully carried out his responsibilities to interpret the law, not to make new ones. Time and again, he ruled based on where the black letter of the law led him, not according to the politics of the moment. For that reason, he has angered Americans on both the left and the right, but he has never wavered in his dedication to the Constitution.
It is imperative that the Senate not allow President Obama to diminish Justice Scalia's legacy by trying to nominate an individual who would carry on the President's wishes to subvert the will of the people. Given the dire condition our democracy currently finds itself under Obama's lack of leadership, I call on the Senate to stop any attempts to fill this crucial seat until We The People elect a strong Constitutionalist this November."
Source: Ben Carson for President 2016, "Statement on Justice Antonin Scalia," bencarson.com, Feb. 13, 2016
Con
"But it underscores the stakes of this election. We are one justice away from a Supreme Court that will strike down every restriction on abortion adopted by the states. We are one justice away from a Supreme Court that will reverse the Heller decision, one of Justice Scalia's seminal decisions that upheld the Second Amendment right to keep and to bear arms.
We are one justice away from a Supreme Court that would undermine the religious liberty of millions of Americans -- and the stakes of this election, for this year, for the Senate, the Senate needs to stand strong and say, 'We're not going to give up the U.S. Supreme Court for a generation by allowing Barack Obama to make one more liberal appointee.'
And then for the state of South Carolina, one of the most important judgments for the men and women of South Carolina to make is who on this stage has the background, the principle, the character, the judgment, and the strength of resolve to nominate and confirm principled constitutionalists to the court? That will be what I will do if I'm elected president."
Source: Team Fix, "The CBS News Republican Debate Transcript, Annotated," washingtonpost.com, Feb. 13, 2016
Con
“The country is so divided right now, and now we're going to see another partisan fight take place. I really wish the president would think about not nominating somebody. If you were to nominate somebody, let's have him pick somebody that's going to have unanimous approval, and such wide spread approval across the country that this could happen without a lot of recrimination. I don't think that's going to happen, and I would like the President just to for once here put the country first. We're going to have an election for President very soon, and the people will understand what is at stake in that election.
And, so I believe the President should not move forward, and I think that we ought to let the next President of the United States decide who is going to run that Supreme Court with a vote by the people of the United States of America."
Source: Team Fix, “The CBS News Republican Debate Transcript, Annotated," washingtonpost.com, Feb. 13, 2016
Con
"I do not believe the president should appoint someone. And it's not unprecedented. In fact, it has been over 80 years since a lame duck president has appointed a Supreme Court justice.
And it reminds us of this, how important this election is. Someone on this stage will get to choose the balance of the Supreme Court, and it will begin by filling this vacancy that's there now.
And we need to put people on the bench that understand that the Constitution is not a living and breathing document. It is to be interpreted as originally meant."
Source: Team Fix, "The CBS News Republican Debate Transcript, Annotated," washingtonpost.com, Feb. 13, 2016
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None Found
Withdrew on Feb. 10, 2016; no additional research done as of that date to determine candidate's position on this question.
None Found
Withdrew on Feb. 10, 2016; no additional research done as of that date to determine candidate's position on this question.
None Found
Withdrew on Dec. 21, 2015; no additional research done as of that date to determine candidate's position on this question.
None Found
Withdrew on Feb. 1, 2016; no additional research done as of that date to determine candidate's position on this question.
None Found
Withdrew on Feb. 1, 2016; no additional research done as of that date to determine candidate's position on this question.
None Found
Withdrew on Feb. 3, 2016; no additional research done as of that date to determine candidate's position on this question.
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