Loyola Law School, Los Angeles professors are available to provide commentary on the range of issues presented by the death of U.S. Supreme Court Associate Justice Antonin Scalia, including its impact on cases heard this term and the path to filling the vacancy.
Professor Allan Ides
A former law clerk to U.S. Supreme Court Associate Justice Byron White, Professor Allan Ides argued U.S. v. Owens before Scalia. A constitutional law scholar and professor, he is well versed in the inner workings of the high court. He says the challenging path for an Obama nomination might be eased if the prospect of Democratic presidential landslide prompts Senate Republicans to strike a deal.
Professor Aaron Caplan
Author of a major constitutional law casebook, Professor Aaron Caplan recently opined on the prospect of President Obama making a recess appointment to the Supreme Court.
“[T]o be constitutional, a recess appointment may only be made during a recess that is sufficiently long that the Senate’s inability to timely confirm the nominee would pose a significant problem for effective governance,” he wrote, noting that the majority in the NLRB v. Noel Canning “believed that such recesses must, as a matter of constitutional requirement, be more than three days long, and that a recess of ten days or less was presumptively not long enough to trigger the recess appointment power, although that presumption could be potentially be overcome. It is hard to see how it could be overcome on these facts, since the Court is capable of operating with eight members for the coming week, after which time the Senate returns and can consider nominations under the usual process.”
Read more on Loyola’s Summary Judgments faculty blog.
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