News of Justice Antonin Scalia’s sudden and unexpected death last month had barely become public before the Twitterverse exploded with tweets about who would succeed him. Remarkably, barely an hour after Scalia’s death was confirmed, Senate Majority Leader Mitch McConnell made the following statement: “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.”
Undeterred, President Barack Obama made clear that he would exercise his “constitutional responsibility” (his words) as president, under Article II, section 2, clause 2 of the U.S. Constitution, to nominate someone to fill Scalia’s seat. He also made clear that he expected the Senate to “fulfill its responsibility to give that person a fair hearing and a timely vote.”
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