[h=3]WHY SCALIA'S PASSING SETS UP A MONUMENTAL BATTLE IN THE SENATE[/h]By David Martosko
Scalia's passing will set up a monumental battle over his replacement, as the White House has announced that President Obama will nominate a new justice but Republicans in the Senate say the next president should fill the vacancy.
The Senate has the constitutional duty to provide its consent to major appointments, and Republicans are in control.
That means the Judiciary Committee, which holds hearings on federal court nominees, can ignore candidates the GOP doesn’t like, holding them in limbo.
It's relatively uncommon for Supreme Court jurists to die in office, and more typical for them to retire in old age.
Very few have chosen to retire in an election year, fearing their potential successors would become political footballs.
For that reason, it's highly unusual for the Senate to confirm Supreme Court justices in the last year of a president's term.
Obama can employ a different strategy, known as a 'recess appointment,' bypassing the Senate and placing a justice directly on the bench – but only if the Senate is on a break, or 'in recess.'
In order to avoid giving him that opportunity, Senate Republicans will likely leave their legislative body in a 'pro forma' state instead of going on vacation, leaving one senator to gavel-in and gavel-out a brief session every day so the White House can't act on its own.
Republican Sen. Lindsey Graham of South Carolina told DailyMail.com on Saturday at the site of the GOP presidential debate that Scalia's replacement 'will be chosen by the next President of the United States.'
Asked if that means the Senate will not go into recess at all until next January, he said: 'If that's what it means, that's what it means.'
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