So, what happens next in the battle for Scalia’s seat? Does Obama offer an “olive branch” SCOTUS nominee to the Senate, a judge with a corporate lawyer background who would be friendly to big business and moderate on most social issues? A candidate who would be a shoo-in with a rational, thinking person’s Senate devoid of the partisan political ideology of its hack Republican Majority Leader would order his people to approve? Judge Sri Srinivasan’s name is currently being floated as just such a possibility. Would McConnell dare pull down his drawers, squat down and crap on Obama, the nominee and the Constitution, using his butt in the effort to make a power grab?
Or, just to play with McConnell’s head and to further publicly embarrass him, does Obama nominate someone who is a real, certified REAL Liberal like State AG Kamala Harris of CA, for instance?
Last thing: Turtle Man is about to let slip the dogs of judicial chaos. In a split 4-4 SCOTUS decision or if the justices refuse to hear a case, the lower court decision stands. In the federal court system there are 12 circuits, most of them dominated by Democrats. Of the 13 federal courts of appeal, 9 are controlled by Democrats and 4 are controlled by Republicans. So a Blue circuit court might determine that religious organizations must give their female employees access to contraception through their health plans while a Red circuit court will uphold the religious right (and membership therein) of the organization say “Nicht”.
Because of this attorneys on their own ideological missions shop the different circuits to find a case to bring to them which should result in the desired verdict. This colorful patchwork of legal opinions and ideologies among the circuit courts serves to resurrect the rootin’, tootin’, shootin’ days of the Old West where every town had its own laws and ordinances. So, in some cases you can in the 9th Circuit Court of Appeals in San Francisco but you can’t in the 5th Circuit Court of Appeals in Louisiana’s three districts. But in both circuits same-sex marriage is protected by the Constitution. Go figure.
So, until McConnell is reduced to a quivering hulk of rebuked jelly by outrage of the American people—AKA voters—to accept and approve Obama’s SCOTUS nominee, chaos will reign among the lower federal courts. Voter ID, gun control, same sex marriage, the right to an abortion, etc., will vary from state to state instead of conforming to one, unified federal decision from SCOTUS establishing it as the (hopefully Liberal) law of the land–for now. That is until the next Republican president is handed SCOTUS vacancies and installs their own Scalia(s) to reverse as much of it as possible—again.
But until then, sit back with your favorite snack and beverage and watch the fight. Who knows how long it will last? And who will history determine was the heavyweight and which was the lightweight? My guess is that when public outrage against this latest game of brinkmanship by the Republicans reaches firestorm level, McConnell’s political weight won’t even register on the scale.