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On Sunday, Conservative Supreme Court Justice Antonin Scalia unexpectedly died of an apparent heart attack, leaving a vacancy in the nation’s highest court. While Republicans have called on President Obama to forgo his Constitutional duty to nominate a replacement and have threatened to block anyone he picks, Tom Goldstein of the influential SCOTUSblog thinks Attorney General Loretta Lynch could be the answer to the challenges the Obama Administration will face.

Goldstein writes:

Attorney General Loretta Lynch, who is fifty-six, is a very serious possibility.  She is known and admired within the administration.  At some point in the process, she likely would have to recuse from her current position, but the Department of Justice could proceed to function with an acting head. Her history as a career prosecutor makes it very difficult to paint her as excessively liberal.

…The fact that Lynch was vetted so recently for attorney general also makes it practical for the president to nominate her in relatively short order.  There is some imperative to move quickly, because each passing week strengthens the intuitive appeal of the Republican argument that it is too close to the election to confirm the nominee. Conversely, a nomination that is announced quickly allows Democrats to press the bumper sticker point that Republicans would leave the Supreme Court unable to resolve many close cases for essentially “a year.”

I think the administration would relish the prospect of Republicans either refusing to give Lynch a vote or seeming to treat her unfairly in the confirmation process.  Either eventuality would motivate both black and women voters.

Goldstein also mentions other possible Black female candidates, like California Supreme Court Justice Leondra Kruger and Danielle Gray, an administration lawyer, before concluding President Obama will likely pick Lynch, who he predicts will eventually get voted down along party lines.

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  • vintage3000

    President Obama is probably thinking damn what else is going to happen before i leave this mug.

    I have been critical of Lynch in her very short time as AG, but this will be an interesting development to see who is nominated.

  • [email protected]

    Any President has the constitutional right to nominate a judicial nominee before the election ends. So, the President has the right to nominate someone earlier. The deal is that we have a political gridlock. It is silly for all of the current GOP candidates to oppose any candidate being nominated before the election regardless. This is important, because the VRA is gutted, we have Citizens United, we have the selection of George W. Bush, and other bad decisions that came out as a result of Supreme Court jurisprudence. It will be interesting to witness what would happen if Loretta Lynch were to be nominated as a Supreme Court Justice. We shall see what the future holds.

  • Adebisi’s Hat

    While I think she’s eminently qualified for the position, I don’t see it happening. I’m fairly certain Republicans will filibuster to the ends of the earth before they allow another Obama appointee to sit on the court. I could be wrong, of course.