Best views, weather, etc. How to test them 👓 SC, Ala. sites look back Betty Ford honored
WASHINGTON
Supreme Court of the United States

Republicans already opposing any Obama Supreme Court nomination

Paul Singer
USA TODAY
Senate Majority Leader Mitch McConnell, R-Ky., is already indicating the Senate will not consider any nominee for the Supreme Court offered by President Obama.

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 Republicans immediately suggested they will not consider an Obama nominee.

"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," Senate Majority Leader Mitch McConnell, R-Ky said in a statement.

Senate Minority Leader Harry Reid, D-Nev., rejected that logic. "Would be unprecedented in recent history for SCOTUS to go year with vacancy. And shameful abdication of our constitutional responsibility," he said on Twitter.

Sen. Chuck Grassley, R-Iowa, who chairs the Senate Judiciary Committee said "it’s been standard practice over the last 80 years to not confirm Supreme Court nominees during a presidential election year. Given the huge divide in the country, and the fact that this President, above all others, has made no bones about his goal to use the courts to circumvent Congress and push through his own agenda, it only makes sense that we defer to the American people who will elect a new president to select the next Supreme Court Justice.” Grassley's office later clarified that he meant that judges had not been nominated and confirmed in an election year.

In what appeared to be a warning to Obama not to make a recess appointment to the high court while Congress is out of session, Sen. John Cornyn, R-Texas, also a Judiciary Committee member, tweeted a USA TODAY story from 2014 about a Supreme Court case limiting the president's authority to make these temporary unilateral appointments.

Prep for the polls: See who is running for president and compare where they stand on key issues in our Voter Guide

Justice Anthony Kennedy was nominated by President Reagan and confirmed in Feb. 1988 — which was an election year — after the Senate had rejected Reagan's first nominee, Robert Bork,

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."

More coverage:

Obama says he'll nominate Scalia's successor

Justice Scalia found dead at Texas ranch

Who could replace Scalia? Here are 10 names

Grassley joins call to delay Supreme Court nomination

First Take: Justice Scalia's death will trigger lengthy battle over replacement

Republicans already opposing any Obama Supreme Court nomination

GOP hopefuls at debate react to Scalia death

Timeline: Supreme Court Associate Justice Antonin Scalia's life

Featured Weekly Ad