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Here's what should happen. Obama should nominate a judge. Congress should treat them fairly and vote on it. Everything else is just political theater and is the kinds of things everyone complains about the government for.
Yes I know conservatives are going to complain about it but unless a Democrat killed scalia to make sure Obama gets to nominate someone, there shouldn't be any deviation from the typical process. To wait over a year for someone to just be nominated makes no sense. Sometimes you just have to play the hand you are dealt.
Obama should pick the nominee and the Senate should hold a vote on it. If the vote fails we will see where that will put us. If the Senate refuses to take any action on the nominee, blocks a vote, etc I think this will be a problem that will linger. There are far more Republicans running for re-election to the Senate this year, especially in swing states or states that tend to lean the other way as a whole, so that is another variable to all of this.
Obama should pick the nominee and the Senate should hold a vote on it. If the vote fails we will see where that will put us. If the Senate refuses to take any action on the nominee, blocks a vote, etc I think this will be a problem that will linger. There are far more Republicans running for re-election to the Senate this year, especially in swing states or states that tend to lean the other way as a whole, so that is another variable to all of this.
Given McConnell's already stated intransigence, I'd like to see Obama make a recess appointment since Congress is currently adjourned. Furthermore he'll appoint the most flaming liberal possible while making a more moderate nomination to permanently fill the vacancy. And if that doesn't work, just leave it up to President H.R. Clinton to fill the vacancy with a Democrat controlled Senate...
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