Supreme Court Justice Antonin Scalia, known for sharply worded dissents and caustic attacks on liberalism, has died. His death set off a near-instant debate over how and when to select his replacement, and certainly altered the tenor of the 2016 presidential campaign.
President Obama made a statement late Thursday afternoon in which he offered his condolences and affirmed that he will be nominating someone to take Scalia’s place on the bench.
Obama phones Scalia’s son
According to the White House, President Obama spoke with the late justice’s son Eugene Scalia to offer condolences to the family Saturday night.
“The president extended his sympathies on behalf of the first family and the country,” Principal Deputy Press Secretary Eric Schultz told reporters.
California’s attorney general lauds Scalia
California Atty. Gen. Kamala Harris offered condolences to Antonin Scalia’s family, along with an assessment of his legacy.
“In his three decades on the Supreme Court, Justice Scalia left a lasting impression on American jurisprudence,” she said in a statement. “Even those of us who vigorously disagreed with his views recognized the power of his intellect.”
Clinton goes a little further
Appearing at a dinner with Democrats in Denver, Colorado, Hillary Clinton went into more detail than her earlier emailed statement about the Supreme Court nomination process.
“Barack Obama is president of the United States until Jan. 20, 2017. That is a fact, my friends, whether the Republicans like it or not. Elections have consequences,” Clinton said. “The president has a responsibility to nominate a new justice, and the Senate has a responsibility to vote. And all of us Democrats, we have a responsibility to make sure a Republican doesn’t win in November.”
She noted there are “340 days until the next president takes office. So that is plenty of time.” She added that Justice Anthony Kennedy was confirmed in Reagan’s final year.
Senate Majority Leader Mitch “McConnell should follow the constitutional process,” she said.
Editorial: Scalia pushed the court to the right. Will Obama have the chance to push it back?
The unexpected death of Antonin Scalia ends the long and consequential career of a powerful, intellectually gifted, caustic, conservative thinker who influenced not only the Supreme Court but also the nation -- occasionally for good, more often for ill.
In his rulings and writings, the former law professor and Justice Department official did much to rehabilitate the approach to constitutional interpretation he called “originalism” -- the debatable notion that the Constitution should be interpreted according to the meaning attached to its provisions at the time they were adopted. He had scorn for the idea of a “living Constitution,” which he saw as promoting rigidity, not flexibility, in the law.
“My constitution is a very flexible one,” Scalia said in a speech at Princeton University in 2012. “There’s nothing in it about abortion and since there isn’t, it’s up to the citizens. Things change by democratic choice. The Supreme Court doesn’t have to abolish the death penalty. If the feelings of society come against it, it will be abolished by the states.”
To honor Scalia, Obama orders flag to be flown at half-staff at the White House
The White House Office of the Press Secretary issued a presidential proclamation Saturday evening stating that to mark Justice Scalia’s passing, the flag will be flown at half-staff at the White House and all other government locations and buildings on the day of his funeral.
The full statement:
“As a mark of respect for Antonin Scalia, Associate Justice of the United States, I hereby order, by the authority vested in me by the Constitution and laws of the United States of America, including section 7 of title 4, United States Code, that the flag of the United States shall be flown at half-staff at the White House and on all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset, on the day of interment. I also direct that the flag shall be flown at half-staff for the same period at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations.
“IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of February, in the year of our Lord two thousand sixteen, and of the Independence of the United States of America the two hundred and fortieth.”
Scalia talk dominates GOP debate
We’re covering the ninth Republican debate on Trail Guide. The opening question was about Justice Antonin Scalia’s death and what comes next.
Biden offers condolences to the Scalia family, says country will remember him as influential justice
The full statement from Vice President Joe Biden:
“Jill and I send our deepest condolences to Maureen and the entire Scalia family on the loss of their beloved husband, father, and grandfather.
“Justice Scalia and I had fundamental disagreements about how the Supreme Court interprets the Constitution, but we shared a belief that sharp debates, tough questions, and deep respect for the adversarial process was an essential part of our judicial system and our democracy. That’s how our rule of law — forged with the deep principles and convictions of justices, and laid out in majority decisions and minority dissents — becomes the model for the world.
“For the country, Justice Scalia will be remembered as one of our most influential justices, who inspired and challenged generations of students, clerks, lawyers, and judges. And for so many, he will be remembered as a mentor, dear friend, and a man devoted to his faith and his family, who will miss him most of all, and who we will keep in our prayers.”
Sen. Charles Grassley says the next president should pick the new Supreme Court justice
Sen. Charles E. Grassley (R-Iowa) put out a statement echoing Sen. Mitch McConnell’s sentiment that the president elected this year should be the one to appoint Scalia’s replacement.
Full statement:
“Justice Scalia was an intellectual giant. His originalist interpretation of the Constitution set the standard for the court. He had an unwavering dedication to the founding document that has guided our country for nearly 230 years. His humor, devotion to the Constitution and quick wit will be remembered for years to come. Barbara and I send our prayers to Justice Scalia’s family.”
It only makes sense that we defer to the American people who will elect a new president to select the next Supreme Court justice.
— Sen. Charles E. Grassley (R-Iowa)
“The fact of the matter is that it’s been standard practice over the last nearly 80 years that Supreme Court nominees are not nominated and confirmed during a presidential election year. Given the huge divide in the country, and the fact that this president, above all others, has made no bones about his goal to use the courts to circumvent Congress and push through his own agenda, it only makes sense that we defer to the American people who will elect a new president to select the next Supreme Court justice.”
About Scalia’s friendship with Ginsburg
Reporters caught up with Bill Clinton on the campaign trail, and the former president lauded the late justice for the ability to have “honest arguments.”
He said Scalia’s ability to listen led to the justice’s friendship with liberal Justice Ruth Bader Ginsburg.
“I always kind of liked Justice Scalia because he never pretended to like something he didn’t,” Clinton told reporters in a feed that was broadcast on CNN.
The former president said he was “thankful for the fact that he was able to live a life where he could say what he thought and do it with a smile on his face.”
“That’s what makes democracy work,” Clinton said.
David Savage wrote about the unusual Scalia-Ginsburg relationship last summer.
Obama vows to fill vacancy on Supreme Court, setting up clash with Republicans
President Obama said he would make his third nomination to the Supreme Court to replace the late Justice Antonin Scalia, and called for a “timely vote” in a Senate led by Republicans who have said the choice should be left for the next president.
“I plan to fulfill my constitutional responsibilities to nominate a successor in due time,” Obama told reporters from a hotel in Rancho Mirage, where he is set to host a summit of Asian leaders this week.
“These are responsibilities that I take seriously, as should everyone,” he continued. “They are bigger than any one party. They are about our democracy, and they’re about the institution to which Justice Scalia dedicated his professional life, and making sure it continues to function as the beacon of justice that our founders envisioned.”
Graham would vote for a Clinton nominee, but seeks payback from Obama for ‘nuclear option’
Sen. Lindsey Graham (R-S.C.), speaking to reporters before the GOP debate, said he would only support an Obama appointee if it’s a “consensus choice.”
He cautioned he won’t support a liberal who is qualified, despite having done so in the past. Why? Graham blamed Obama for Senate Democrats changing the rules in 2013, allowing a simple majority to pass presidential appointments, the so-called “nuclear option.” His said his new stance is payback.
“I’m saying the normal rule where you appoint someone of your philosophy is out the window when he changed the rules,” Graham said. “That’s the price you pay for abuse of power. Now the rule for me is you better find a consensus choice. I will go back to the normal rule with the next president.”
“The normal rule that I have lived by is that you vote for qualified people even though you disagree with their philosophy,” he said. “I’ve been a big believer that elections have consequence. ... I voted for Sotomayor and Kagan, Alito and Roberts. I told the president and Democratic leadership that if you abuse power and you change the rules for appellate judges and executive appointments, going to a majority you will pay a price with me, so here’s the price.”
Graham moved on to what happens in 2017.
“If Hillary Clinton wins the White House, and she puts a liberal who’s well qualified, I’ll vote for him,” he said. “I drew a red line. I actually mean it. Elections have consequences, and abusing power has consequences.”
Graham, who endorsed Jeb Bush after abandoning his own presidential bid, added that the Supreme Court vacancy places even more importance on who Republicans nominate this year.
“We lost a conservative icon. Everyone’s going to talk about replacing him with a conservative,” he said. “I hope conservatives will understand this is a wake-up call, that you better nominate someone and get 270 electoral votes. Donald Trump can’t. Ted Cruz can’t, in my view.” He added that he would not trust Trump to nominate a conservative justice.
Obama calls for ‘timely vote’ for his SCOTUS nominee
President Obama said he would make his third nomination to the Supreme Court to replace the late Justice Antonin Scalia, and called for a “timely vote” in a Senate led by Republicans who have said the choice should be left for the next president.
“I plan to fulfill my constitutional responsibilities to nominate a successor in due time,” Obama told reporters from a hotel in Rancho Mirage, where he is set to host a summit of Asian leaders this week.
“These are responsibilities that I take seriously, as should everyone,” he continued. “They are bigger than any one party. They are about our democracy, and they’re about the institution to which Justice Scalia dedicated his professional life, and making sure it continues to function as the beacon of justice that our founders envisioned.”
Scalia’s unexpected passing set up a major confrontation between Obama and the Republican-led Senate over the president’s prerogative to make nominations to executive and judicial posts, a major flashpoint of his second term.
Senate Majority Leader Mitch McConnell of Kentucky said in a statement earlier Saturday that “the American people should have a voice” in the process, and the vacancy should be filled by the winner of the November election.
After Obama’s reelection in 2012, Republicans used tactics available to the Senate minority to delay or block consideration of several of the president’s Cabinet, sub-Cabinet and judicial appointments. The then-Democratic majority ultimately invoked the so-called “nuclear option” to change Senate rules by simple majority vote to essentially end the filibuster power.
That change applied to all nominations except for those to the Supreme Court. Republicans now could simply refuse to even give the president’s nominee a hearing, let alone a vote.
Battle joined: Obama says he’ll nominate candidate
Clinton: ‘Dishonor’ to Constitution to leave seat vacant
Hillary Clinton, campaigning in Nevada ahead of the Feb. 20 caucuses, issued a statement offering thoughts and prayers for Antonin Scalia’s family.
“I did not hold Justice Scalia’s views, but he was a dedicated public servant who brought energy and passion to the bench,” she said.
But she made clear she disagrees with Senate Republicans who want to leave the seat vacant until the next president is inaugurated.
“The Republicans in the Senate and on the campaign trail who are calling for Justice Scalia’s seat to remain vacant dishonor our Constitution,” she said. “The Senate has a constitutional responsibility here that it cannot abdicate for partisan political reasons.”
WATCH: Obama to speak at 5:30
The White House announced that President Obama will deliver a statement from California on the passing of Supreme Court Justice Antonin Scalia.
Obama golfed today in Palm Springs while having a quiet weekend ahead of a major summit starting Monday.
Watch the press conference live here:
Senators respond to Scalia’s death
Members of the Senate from both sides of the aisle reacted to Justice Antonin Scalia’s passing.
Sen. Sherrod Brown (D-Ohio):
Sen. Patrick Leahy (D-Vt.) posted the following statement:
“I am saddened to learn of Justice Antonin Scalia’s untimely passing. Although I often did not agree with his legal opinions, no one doubted his commitment or his brilliance. I hope that no one will use this sad news to suggest that the President or the Senate should not perform its constitutional duty. The American people deserve to have a fully functioning Supreme Court. The Supreme Court of the United States is too important to our democracy for it to be understaffed for partisan reasons. It is only February. The President and the Senate should get to work without delay to nominate, consider and confirm the next justice to serve on the Supreme Court.”
Sen. Kelly Ayotte (R-New Hampshire):
Sen. John Cornyn (R-Texas) tweeted a link to this statement:
“Justice Scalia dedicated his life to upholding the Constitution. Brilliant, principled, and resolute in his beliefs, he embodied the virtues of a prudent jurist. The author of some of the most consequential and best-written Supreme Court opinions, Justice Scalia will be remembered as a giant of American jurisprudence.
“Justice Scalia’s commitment to the law was unwavering, and his devotion to his faith and to his family was unquestionable. Sandy and I are saddened by today’s news, and our thoughts and prayers are with his family during this difficult time.”
Sen. Chris Murphy (D-Conn.)
Sen. Ron Johnson (R-Minn.):
Gov. Brown criticizes Sen. McConnell for ‘playing cynical politics’ over Scalia’s death
Sen. Harry Reid says Obama must send the Senate a Supreme Court nominee ‘right away’
In a series of tweets, Senate Minority Leader Harry Reid refuted Sen. Mitch McConnell’s suggestion that a new Supreme Court justice shouldn’t be nominated until the next president is elected.
Since the president elected this fall will not take office until January 2017, it would be almost a year after Scalia’s death before the next president could nominate someone.
Former Rep. Michele Bachmann says Senate must appoint originalist to replace Scalia
On Saturday afternoon, former Rep. Michele Bachmann (R-Minn.) tweeted about Scalia’s passing. Bachmann ran for president during the 2012 election cycle and won the Iowa straw poll in August 2011.
In one tweet, she mistakenly referred to the justice as “Anthony Scalia.”
Bachmann complimented Scalia’s writing ability, comparing it to Shakespeare, before reaffirming her belief that the Senate should only approve a nominee with similar constitutional ideology.
Edward Snowden has his say
Speaker Ryan on Scalia: His writing ‘will guide generations to come’
Speaker of the House Paul D. Ryan offered his condolences on Scalia’s passing, referencing the justice’s writings and his Catholic faith.
Full statement:
“Justice Scalia did more to advance originalism and judicial restraint than anyone in our time, and it all started with just two words: ‘I dissent.’ The passing of this brilliant jurist is a great loss, but his writings — with their plain language and constitutional moorings — will guide generations to come. A devout Catholic, he was fond of quoting St. Paul, who commanded us to ‘think soberly.’ That Justice Scalia did, always, and our republic is better for it.”
I knew him. I respected him. I looked up to him.
— House Speaker Paul D. Ryan
“I learned so much from this man. I knew him. I respected him. I looked up to him. We all did. Tonight, Janna and I offer our sympathy and prayers to Justice Scalia’s family.”
Nancy Pelosi praises Scalia as court’s first Italian American
Full statement:
“Our family was deeply saddened to learn of the passing of Justice Scalia, who made history as the first Italian American named to the Supreme Court. Through this community, I saw his pride in his heritage and, more importantly, his dedication to his beautiful family”
He leaves behind a formidable record of jurisprudence, and a fierce articulation of his understanding of the Constitution.
— House Minority Leader Nancy Pelosi (D-San Francisco)
“Whether or not you agreed with him, Justice Antonin Scalia served our nation with deep patriotism and distinction on the Supreme Court for nearly 30 years. He has been one of the strongest voices in the great American debate around our Constitution. He leaves behind a formidable record of jurisprudence, and a fierce articulation of his understanding of the Constitution.
“My sincerest prayers and condolences are with his wife, Maureen, and his family at this most difficult hour.”
Dr. Ben Carson calls on Senate to block any Obama Supreme Court nomination
Presidential candidate Dr. Ben Carson issued a statement Saturday afternoon on Justice Antonin Scalia’s death, emphasizing Scalia’s beliefs as a Constitutional originalist, and saying the Senate should block any person Obama nominates to fill the seat on the Supreme Court. Carson echoed Sen. Mitch McConnell’s call to wait until a new president is elected this fall.
Full statement:
“I am saddened to hear the news about Justice Antonin Scalia. We have lost a great man and a great Supreme Court Justice. For the past three decades, his towering intellect and trenchant wit has characterized the deliberations and decisions of the high court. He made Americans proud, not only because he gave to the court the power and persuasion of his brilliant legal mind, but because he defended the Constitution with an unshakeable commitment to the text and to the intent of the Founders.
“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.”
I call on the Senate to stop any attempts to fill this crucial seat until We The People elect a strong Constitutionalist this November.
— Dr. Ben Carson
“It is imperative that the Senate not allow President Obama to diminish his legacy by trying to nominate an individual who would carry on his wishes to subvert the will of the People. Given the dire condition our democracy currently finds itself under Obama’s ideological agenda, I call on the Senate to stop any attempts to fill this crucial seat until We The People elect a strong Constitutionalist this November.
“We will miss Justice Scalia sorely. We pray for his family and friends, and we pray for America, which today lost a patriot and a faithful servant.”
Sen. Rob Portman’s statement on Scalia’s death
Sen. Rob Portman (R-Ohio) faces a tough reelection campaign this fall. In his statement on Scalia’s death, he did not say anything about waiting until after the election to choose a replacement justice.
Full statement:
“I’m deeply saddened to hear of the passing of Antonin Scalia. The country has lost an intellectual giant, and an extraordinary Supreme Court justice. I was honored to know him and appreciated his constitutional expertise as well as his warmth and humor.”
He was one of the preeminent Supreme Court justices of our time.
— Sen. Rob Portman
“He was one of the preeminent Supreme Court justices of our time, as well as a tireless champion of the rule of law and defender of the Constitution. Jane and I extend our condolences to his wife Maureen and his family on their loss.”
Scalia’s role in the fate of Nixon’s Watergate tapes
Antonin Scalia, no stranger to controversy, was first mentioned in The Times in a 1975 front-page story. At issue was the Ford administration’s decision to give former President Nixon control over his White House tapes and documents.
That decision was reached at the same time then-Atty. Gen. William B. Saxbe issued an official opinion on the ownership of presidential papers.
Scalia, who produced the opinion, had recently been named head of the office of legal counsel. Of the agreement with Nixon, which called for the destruction of the tapes on Nixon’s death or on Sept. 1, 1984. Scalia told The Times: “I don’t know anything about it.”
The story continues:
“Scalia stressed that the conclusion in Saxbe’s opinion -- that the tapes and documents were Nixon’s property -- had not been reached as a result of any White House pressure.”
Ultimately the tapes were released, not destroyed.
Average length of SCOTUS confirmation process: 67 days
According to the Congressional Research Service, the average number of days from Supreme Court justice nomination to final Senate vote is 67.
The figure is from a 2015 report and covers the years since 1975 and the Ford administration.
An aide to Senate Minority Leader Harry Reid pointedly told reporters that I n 1988, the final year of the Reagan administration, a Democratic Senate confirmed a Reagan nominee - Justice Anthony Kennedy.
Antonin Scalia’s death shifts GOP debate focus to Supreme Court
The unexpected death of Supreme Court Justice Antonin Scalia promised to put a new focus on Saturday night’s Republican presidential debate, raising the ideological stakes of the November election.
Scalia’s death in Texas was announced just hours before candidates were set to take the stage in Greenville, S.C.
His position as the leading conservative on the court for decades, and one of the most influential intellectual voices on the right, underscores the importance both political parties place on nominating justices, who serve life terms and can greatly influence American life in their rulings.
Donald Trump offers his condolences, calling Scalia ‘a remarkable person’
In a statement, Donald Trump spoke of Scalia’s legacy and offered condolences to his family.
Full statement:
“I would like to offer my sincerest condolences to the Scalia family after the passing of Justice Scalia. Justice Scalia was a remarkable person and a brilliant Supreme Court justice, one of the best of all time. His career was defined by his reverence for the Constitution and his legacy of protecting Americans’ most cherished freedoms.”
He was a justice who did not believe in legislating from the bench.
— Donald Trump
“He was a justice who did not believe in legislating from the bench and he is a person whom I held in the highest regard and will always greatly respect his intelligence and conviction to uphold the Constitution of our country. My thoughts and prayers are with his family during this time.”
Bernie Sanders reflects on ‘colorful’ justice
Sen. Bernie Sanders issued a statement on the news:
“While I differed with Justice Scalia’s views and jurisprudence, he was a brilliant, colorful and outspoken member of the Supreme Court. My thoughts and prayers are with his family and his colleagues on the court who mourn his passing.”
Sen. Mitch McConnell: We should wait for new president to appoint Scalia’s replacement
Senate Majority Leader Mitch McConnell issued a statement in the wake of Justice Scalia’s death, calling for the country to wait to elect a new president before a replacement is selected.
His full statement:
“Today our country lost an unwavering champion of a timeless document that unites each of us as Americans. Justice Scalia’s fidelity to the Constitution was rivaled only by the love of his family: his wife Maureen, his nine children, and his many grandchildren. Through the sheer force of his intellect and his legendary wit, this giant of American jurisprudence almost singlehandedly revived an approach to constitutional interpretation that prioritized the text and original meaning of the Constitution. Elaine and I send our deepest condolences to the entire Scalia family.”
This vacancy should not be filled until we have a new President.
— Sen. Mitch McConnell
“The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new President,” McConnell’s statement said.
Hillary Clinton aware, statement pending
An aide told reporters traveling with Hillary Clinton that the former senator and secretary of State was informed about the death of Justice Antonin Scalia at the end of an event at the Las Vegas Indoor Sports Center as she campaigns for votes ahead of the Nevada caucuses.
Reporters observed Clinton briefly huddle with aides.
At a speech earlier at a union hall in Henderson, Nev., she brought up the Supreme Court, pledging to appoint someone who opposes the Citizens United decision if she is elected the next president.
- Kate Linthicum contributed reporting.
George W. Bush issues a statement on Scalia’s death
“Laura and I mourn the death of a brilliant jurist and important American, Supreme Court Justice Antonin Scalia. He was a towering figure and important judge on our Nation’s highest court. He brought intellect, good judgement, and wit to the bench, and he will be missed by his colleagues and our country. Laura and I send our heartfelt sympathies and condolences to his wife, Maureen, their nine children, and the entire Scalia family.”
Rand Paul: ‘Scalia was defender of the Constitution’
Sen. Schumer comments on Scalia’s passing: ‘A brilliant man’
This is sad news indeed. While I disagreed with him on so many issues, Justice Scalia was a brilliant man with a probing mind. He was a great son of Queens with a genuine joy for life.
— Sen. Charles E. Schumer (D-N.Y.)
Katie Couric posts photo from White House Correspondents’ Dinner she attended with Scalia
@SCOTUS confirmed death on Twitter
How Scalia’s death affects the balance of the court -- and the 2016 election
The Supreme Court had been closely divided between four appointees of Democratic presidents, all fairly liberal, and five Republican appointees, all relatively conservative. Scalia’s death will leave the justices evenly split, with the partisan balance to be determined by the next nominee.
Although President Obama could make a nomination, the Republican-controlled Senate is highly likely to defer action until after the November election in hopes that a Republican president would appoint another conservative. Democrats have not had a majority on the high court since Richard Nixon was president.
That prospect will almost certainly make the court’s future a central issue in the presidential election this fall, with issues such as abortion rights, immigration and affirmative action all hanging in the balance.
Trump calls Scalia’s death ‘a massive setback’
Early congressional reaction: Shock
Rep. Xavier Becerra (D-Los Angeles) was campaigning for Hillary Clinton in Nevada when a reporter informed him of Justice Antonin Scalia’s death.
“Wow,” was his first reaction, and then he extended thoughts and prayers to Scalia’s family.
“It comes as a total shock. I don’t think anyone thought this would happen. It will be a shock to the court because he was such a commanding figure within the court,” he said in between events in Las Vegas. “I certainly think he’s going to leave a legacy, but I think people are still taking their breath. I don’t expect most people expected ... this would be the news.”
Becerra said he expected it would play a role in the election in November.
“Because Justice Scalia was such a clarion voice for his values, I think so. There’s no way that the departure of someone who was so crystal clear on where he stood and how he viewed the Constitution will not lead to a major impact in the constitution of the Supreme Court.”
Ted Cruz calls Scalia an ‘American Hero’