Republicans Might Gamble On Delaying Scalia Successor Until 2017
CHICAGO (CBS) -- An expert on the politics of the U.S. Supreme Court has said it will likely take until next year before the Senate approves any nominee to fill the vacancy of the late Justice Antonin Scalia.
Northern Illinois University political science professor Artemus Ward has written three books on the nations' highest court, including "Deciding To Leave," a look at the process by which Supreme Court justices decide to retire.
While most justices retire on their own terms – only three justices have died in office in the past 60 years – Ward said justices usually gamble on being able to last until a president is elected who would replace them with someone who is like-minded.
Ward said it's likely Scalia was waiting for a Republican to be elected president before retiring.
"He's actually the first and only justice in the history of the Supreme Court to actually admit in public interviews that, yes, justices do want to retire under presidents that they agree with," he said.
Podcast
The professor said he believes Senate Republicans will hold firm in delaying any action on any nomination made by President Barack Obama, gambling a Republican will win the White House in November, and keep conservative tilt that existed on the high court before Scalia's death.
However, that gamble could backfire, because Democratic presidential hopefuls Hillary Clinton or Bernie Sanders might nominate someone more liberal than Obama would if one of them is elected in November.
"They [Republicans] might also win, and they might also win big. If a Republican wins the presidency, that is maybe worth gambling for," he said.