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Who Will Obama Pick for the Supreme Court?

February 14, 2016 · 4:13 pm ET · 141 Comments

Tom Goldstein: “The best candidate politically would probably be Hispanic.  Hispanic voters both (a) are more politically independent than black voters and therefore more in play in the election, and (b) historically vote in low numbers.  In that sense, the ideal nominee from the administration’s perspective in these circumstances is already on the Supreme Court:  Sonia Sotomayor, the Court’s first Latina.”

“On the other hand, I think the President personally will be very tempted to appoint a black Justice to the Court, rather than a second Hispanic.  His historical legacy rests materially on advancing black participation and success in American politics.  The role Thurgood Marshall previously played in that effort is inescapable.  The President likely sees value in providing a counterpoint to the Court’s only black Justice, the very conservative Clarence Thomas.”

“For those reasons, I think the President will pick a black nominee.”

Rubio Says Cruz Is a Liar

February 14, 2016 · 2:19 pm ET · 45 Comments

Sen. Marco Rubio told CNN that Sen. Ted Cruz is a liar and has made false attacks “over same-sex marriage, Planned Parenthood, immigration, campaign tactics and more.”

Said Rubio: “There’s no other way to describe that — it’s a lie. When you say something that’s not true, it’s called a lie. That’s the definition of it. On this campaign, he is saying things that are not true, and he’s saying it repeatedly, and he knows they’re not true.”

Scalia Wanted Kagan on the Supreme Court

February 14, 2016 · 2:17 pm ET · 34 Comments

David Axelrod reports that the late Justice Antonin Scalia actually recommended that President Obama pick Elena Kagan to fill a vacancy on the Supreme Court.

Said Scalia: “I have no illusions that your man will nominate someone who shares my orientation. But I hope he sends us someone smart.”

He added: “Let me put a finer point on it. I hope he sends us Elena Kagan.”

Rubio Reaches Out to Christie

February 14, 2016 · 2:00 pm ET · 13 Comments

Sen. Marco Rubio “wants to make nice with Chris Christie,” Politico reports.

“After a heated exchange with the New Jersey governor during a debate a week ago that left Rubio repeating canned lines and devaluing his New Hampshire primary showing, the Florida senator said Sunday his staff has reached out to Christie to make amends.”

Said Rubio: “I want to be clear I have no animus toward Chris. I like him very much. I always have. This is a political campaign. It’s a competitive environment, and people are going to exchange. And we gave as good as we got.”

An All-or-Nothing Fight for the Supreme Court

February 14, 2016 · 12:38 pm ET · 33 Comments

This piece is only available to Political Wire members.

The battle lines are set: President Obama said yesterday that he would make an appointment to fill the Supreme Court vacancy left by Justice Antonin Scalia’s death. Sen. Mitch McConnell, who controls the Senate calendar for confirmation of Obama’s pick, said the next president should make the appointment.

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No Precedent for Leaving Supreme Court Vacancy

February 14, 2016 · 12:37 pm ET · 100 Comments

SCOTUSblog: “In the wake of the death of Justice Antonin Scalia, questions have arisen about whether there is a standard practice of not nominating and confirming Supreme Court Justices during a presidential election year. The historical record does not reveal any instances since at least 1900 of the president failing to nominate and/or the Senate failing to confirm a nominee in a presidential election year because of the impending election. In that period, there were several nominations and confirmations of Justices during presidential election years.”

“In two instances in the twentieth century, presidents were not able to nominate and confirm a successor during an election year.  But neither reflects a practice of leaving a seat open on the Supreme Court until after the election.”

Trump Holds Wide Lead in South Carolina

February 14, 2016 · 10:09 am ET · 57 Comments

A new CBS News poll in South Carolina finds Donald Trump leading the GOP race with 42%, followed by Ted Cruz at 20%, Marco Rubio at 15%, John Kasich at 9%, Jeb Bush at 6% and Ben Carson at 6%.

In the Democratic race, Hillary Clinton leads Bernie Sanders, 59% to 40%.

Did Trump Really Lose the Debate?

February 14, 2016 · 9:29 am ET · 100 Comments

James Hohmann: “There is widespread consensus that Donald Trump had a very bad night in Greenville. The question is whether that will cause lasting damage, or if he continues to be coated in Teflon.”

“One of the problems for leaders of the chattering class is that they have been so wrong about Trump so many times for so many months that everyone is gun-shy about predicting his impending decline.”

Rick Klein: “Predictions of Trump doing damage to his own campaign have been almost comically wrong over the past six months … and perhaps Trump is indeed a better student than everyone in the political class has realized. But on a night where the importance of the race was highlighted anew, Trump’s rivals could portray him as flunking a big test.”

A CBS News/GfK Knowledge Panel survey finds 32% think Rubio won, followed by Trump at 24%, Kasich at 19%, Cruz at 12%, Carson at 8% and Bush at 5%.

Scalia’s Death Sets Off Epic Battle

February 14, 2016 · 9:04 am ET · 90 Comments

New York Times: “Within hours of Justice Scalia’s death, both sides began laying the groundwork for what could be a titanic confirmation struggle fueled by ideological interest groups. The surprise opening also jolted the presidential campaign hours before a Republican debate in South Carolina, shifting the conversation toward the priorities each candidate would have in making such a selection.”

Los Angeles Times: “The battle lines were drawn within minutes of the death announcement, with Obama saying he would nominate a successor and Senate Majority Leader Mitch McConnell, who controls the schedule, saying that the Senate should not take up an appointment in the 11 months remaining in the president’s term. Republican presidential candidates immediately backed McConnell. Democrats objected, arguing that selecting a justice is Obama’s job — and deciding in prompt fashion is the Senate’s.”

For members: How Hillary Clinton could respond

Democrats See Gift in GOP Blocking Court Nominee

February 14, 2016 · 9:03 am ET · 49 Comments

New York Times: “Democrats, sensing a prime opportunity to make Republicans pay a political price for bowing to their hard-liners, moved quickly on Saturday to stir up outrage from their own partisans.”

Said Hillary Clinton: “It is outrageous that Republicans in the Senate and on the campaign trail have already pledged to block any replacement that President Obama nominates.”

“Republican officials privately acknowledged that refusing to bring Mr. Obama’s appointment to a vote could prove difficult to sustain, particularly with the Senate controlled by a handful of Republican incumbents from moderate and liberal-leaning states. It was notable that Senator Rob Portman of Ohio, who faces re-election this year, made no pledge about blocking Mr. Obama’s pick in his statement regarding Justice Scalia’s death.”

Quote of the Day

February 14, 2016 · 8:54 am ET · 46 Comments

“Joseph Stalin said, If you want to bring America down, you have to undermine three things: Our spiritual life, our patriotism, and our morality.”

— Ben Carson, quoted by CNN during last night’s GOP debate, using a fake quote.

The Nastiest GOP Debate

February 14, 2016 · 8:50 am ET · 13 Comments

Politico: “The free-for-all unmasked the dynamics that have largely played out by press release or in one-off one-liners on the campaign trail. It’s a sign of the rising stakes in South Carolina, which could define the contours of the race over the next few months as a three-way contest among Trump, Cruz and an establishment-backed candidate like Rubio, Bush or Kasich. Ben Carson, a retired neurosurgeon who has trailed in polls, is also hoping the squabbling helps lift his soft-spoken brand, though he had few opportunities to stand out during the debate.”

“It’s unclear which blows hit their mark and who will emerge at the top of the battered heap of rivals. But each candidate urgently needed a strong showing.”

Reaction to the Republican Debate

February 13, 2016 · 10:52 pm ET · 178 Comments

If Donald Trump wins the GOP nomination, the Republican party as we know it is over.

In tonight’s debate, Trump blamed George W. Bush for 9/11 happening on his watch and confirmed that he would have impeached him for invading Iraq. Polls show that both George W. Bush and the Iraq war are still very popular with Republicans. But if everything we’ve seen over the last nine months holds, it seems likely that Trump will get 30% of the vote in South Carolina no matter what he says.

Jeb Bush was high energy tonight and took every swing he could at Trump. He was fighting like it was his last chance. He even took shots at John Kasich. If this version of Bush had been running for the last year, it might be a very different race today. It was his strongest debate by far.

Ted Cruz stayed away from a much-anticipated battle with Trump until the last half hour when it turned into one of the nastiest exchanges of the debates so far. Cruz attacked Trump hard, but Trump won. Cruz also went after Marco Rubio hard on immigration but didn’t win that exchange either. Perhaps Cruz was thrown off his game at the very beginning when John Dickerson corrected him on facts about Supreme Court nominations.

Rubio was better tonight than the last debate — a low bar, of course — but he still talks on 1.5X speed. It makes him sound like… yes, a robot. He landed some good punches and generally avoided damage by staying out of a fight with Trump.

Kasich is getting better at these debates but unless he has a stronger finish in South Carolina, it’s hard to see where he goes. He seems like a nice guy but he’s simply out of step with his party on too many issues.

Ben Carson needs to end his campaign now. He adds nothing to these debates with his repeated call outs for his website.

The bottom line: I’m not sure any candidate won this debate. It was like, as First Read foreshadowed last month, the final scene in Reservoir Dogs “where everyone has their weapons pointed at each other and, well, a lot of people are going to die.”

One final thought: The audience was an abomination. Letting them hoot and holler after every answer made the debate feel like it was taking place in a Roman coliseum. It was a total embarrassment for the Republican party.

The GOP Presidential Debate

February 13, 2016 · 8:30 pm ET · 286 Comments

The Republican presidential candidates meet for their ninth debate at 9 p.m. ET in South Carolina.

  • Will Donald Trump finally come under fire from his rivals?
  • Can Marco Rubio rebound after a disastrous performance in the last debate?
  • Will news of Justice Antonin Scalia’s death change the course of the GOP race?

The debate will be broadcast and streamed live on CBS News.

How Clinton Could Respond on Supreme Court Vacancy

February 13, 2016 · 7:52 pm ET · 18 Comments

This piece is only available to Political Wire members.

The death of Supreme Court Justice Antonin Scalia threatens to turn an already crazy presidential election into a crazier one. It’s impossible to overstate its importance.

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Trump and Clinton Way Ahead in South Carolina

February 13, 2016 · 7:51 pm ET · 59 Comments

A new American Research Group poll in South Carolina finds Donald Trump leading the GOP presidential pack with 35%, followed by John Kasich at 15%, Marco Rubio at 14%, Ted Cruz at 12%, Jeb Bush at 10% and Ben Carson at 2%.

In the Democratic race, Hillary Clinton is crushing Bernie Sanders, 65% to 27%.

McConnell Says Senate Will Wait to Replace Scalia

February 13, 2016 · 7:17 pm ET · 200 Comments

Senate Majority Leader Mitch McConnell (R-KY) “believes the U.S. Senate should wait 11 months for the next president to be sworn in before confirming a Supreme Court justice to replace the late Justice Antonin Scalia,” CBS News reports.

Said 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.”

Antonin Scalia Is Dead

February 13, 2016 · 5:22 pm ET · 444 Comments

Supreme Court Justice Antonin Scalia has died at a Texas ranch at the age of 79, Politico reports.

San Antonio Express News: “Scalia arrived at the ranch on Friday and attended a private party with about 40 people. When he did not appear for breakfast, a person associated with the ranch went to his room and found a body… A federal official who asked not to be named said there was no evidence of foul play and it appeared that Scalia died of natural causes.”

Sen. Ted Cruz called Scalia a “hero” and suggested “that the next President names his replacement.”

Rick Hasen: Justice Scalia’s Death and Implications for the 2016 Election, the Supreme Court and the Nation

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Taegan Goddard

Taegan Goddard

Taegan Goddard is the founder of Political Wire -- which for more than two decades has been one of the nation's most influential political news sites.

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