Scalia’s Death Is Only the Beginning

Rick Hasen: “Think of the Scalia battle not as a hurricane, but as the first in a series of storms that will come through our increasingly polarized Congress. And with all the liberals on the Court now appointed by Democratic presidents, and all the conservatives on the Court now appointed by Republican presidents, we can expect the nominations process to be much more partisan and polarized than it has been in the past. The series of storms will put great stress on our system of separation of powers when we are so divided.”

“It is true that key questions that are among the most important to our nation are in the hands of 9 unelected justices, and that Scalia’s replacement will be significant. But no matter who gets to replace Scalia, there will be more opportunities to fight for control of the Court in the years to come.”