http://www.usatoday.com/story/news/politics/2016/02/13/senate-unlikely-confirm-obama-supreme-court-nominee/80351274/The death of Supreme Court Justice Antonin Scalia creates a rare opportunity for President Obama to appoint a new justice for a lifetime term, but winning confirmation by the Republican-controlled Senate in an election year would be nearly impossible.
Senate Majority Leader Mitch McConnell, R-Ky., indicated the Senate will not move on an Obama nomination.
"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," he said in a statement.
Shortly after Scalia's death was confirmed, the communications director for Sen. Mike Lee of Utah, a member of the Judiciary Committee, signaled the battle ahead.
Conn Carroll posted on Twitter: "What is less than zero? The chances of Obama successfully appointing a Supreme Court Justice to replace Scalia."
The opening undoubtedly will fuel at debate in the presidential campaign about the importance of choosing his successor on a closely divided court.
The death was first reported by the San Antonio Express News on its website, quoting U.S. District Judge Fred Biery.
"It's unfortunate with any death, and politically in the presidential cycle we're in, my educated guess is nothing will happen until the next president is elected," Biery told the newspaper.
Sen. Patrick Leahy of Vermont, the top ranking Democrat on the Senate Judiciary Committee said there is no reason a new justice should not be confirmed.
"I hope that no one will use this sad news to suggest that the President or the Senate should not perform its constitutional duty," Leahy said. "The American people deserve to have a fully functioning Supreme Court. The Supreme Court of the United States is too important to our democracy for it to be understaffed for partisan reasons. It is only February. The President and the Senate should get to work without delay to nominate, consider and confirm the next justice to serve on the Supreme Court.”
Most lawmakers stuck to statements of tribute to Scalia's contributions to the nation, but some cast ahead to the political battle likely to follow.
Rep. Chris Stewart, R-Utah, tweeted "senate must not allow this Pres to seat his replacement."
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The body is barely cold and lines are already being drawn. McConnell says he's on the 'no' side, but obviously the Dems are already pushing, no surprise there. We'll see how it pans out.