- The connection between the Supreme Court and the Senate races culminating in January 2017 is the 17 day gap between when Congress resumes work (January 3rd) and when President Obama leaves office (January 20th). The increased partisanship that has gripped the Supreme Court in recent times makes the passing of Justice Scalia-and the person that would succeed him-ever more important, and interlinked with the partisanship that exists within Congress, specifically within the Senate as the party in majority control continually shifts. This is really important to look at, because due to Justice Scalia’s conservative positions while he served on the Supreme Court, in order for President Obama to push and confirm a Democratic nominee to replace Justice Scalia, a couple of events need to occur. First, it doesn’t matter if the next president is Republican; if the Democrats win the Senate in the upcoming elections, then, because only the Senate is needed to confirm a Supreme Court justice, President Obama can still potentially confirm a Democratic nominee. Additionally, a consensus will be necessary for a Democratic justice to be confirmed, regardless of the status in the White House. In political terms, a consensus means that all parties will have to come together and negotiate an agreement. This will be important, because if no consensus is reached, then all parties come to a stand-still and gridlock will occur, which is net detrimental to the state of the country.
2) While President Obama currently has the political power to appoint a nominee to fill Scalia’s role, and has that constitutional authority, he lacks power in a couple of ways. First, he has no way of deciding the outcome of the congressional elections (and the result, specifically in the Senate, will either positively or negatively impact his chance of confirming the nominee of his choice). Additionally, he may be viewed as a lame-duck president, and his current state in politics will start to become less influential as the 2016 presidential race becomes more heated, and the President-elect will be given more weight. Despite his constitutional authority, he still faces major political roadblock.
3) A lame duck president usually refers to a president who is in the last few months of their presidency (or elected office). This state is one in which they are rendered essentially politically incapacitated, because they start to lose the amount of influence that they hold over the decisions of Congress and the people as a whole body. President Obama may fit that definition, as his power starts to wane under the push of the House and Senate Republicans; however, if the Democrats win back the Senate in the upcoming elections, it could be a prime opportunity to establish the final portion of his legacy by confirming and appointing a new Supreme Court Justice. The appointment of the new justice will really determine whether or not he will leave office as a lame duck president, because it is the final showing of how much power he really has over Congress in his final days in office.
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