Last week US Supreme Court Justice Antonin Scalia died on a hunting trip at the age of 79. This leaves the court divided between four conservatives and four liberals. Conservatives control both the House and Senate. Republicans said they will block any judge President Obama nominates. They want to wait until a new conservative president is elected. That may not happen. If the presidential election is very close or tied, it will go to the Supreme Court. If the court is divided they will be unable to make a decision. Without a clear winner, Obama would remain president until a decision is made. All three branches of government would be gridlocked. This is one of those situations where obstructionism works against conservatives. Approving a moderate candidate may avoid this. Even forcing another conservative candidate onto the court may not guarantee conservative decisions. This has been one of the most conservative courts in history and yet it still approved Obamacare.
Here is a comical idea with a legal precedent. People forget that President William Howard Taft was a Supreme Court justice. The Obama could appoint himself to the court. I do not think there is any rule against it. He is qualified. He studied constitutional law at Harvard. He as been vetted by three hundred million people. He gets on the court, decides a close election and has a job for the rest of is life. It would be hilarious. It would be justice.
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