memeorandum: The Next Supreme Court Nominee (Tom Maguire/JustOneMinute)

2:05 PM ET, February 14, 2016

Top Items:

Tom Maguire / JustOneMinute:

The Next Supreme Court Nominee — Let me put down a few thoughts about two circulating talking points on the possible treatment of a nominee to replace Scalia. Here is the Times framing the use of the filibuster: — Filibusters of Supreme Court nominations are rare …

Amy Howe / SCOTUSblog:

Supreme Court vacancies in presidential election years — In the wake of the death of Justice Antonin Scalia, questions have arisen about whether there is a standard practice of not nominating and confirming Supreme Court Justices during a presidential election year.

Discussion: The Huffington Post and Towleroad

Linda Hirshman / Washington Post:

If Republicans block Obama's Supreme Court nomination, he wins anyway — After Justice Antonin Scalia's death Saturday at 79, the Supreme Court is now evenly divided between four liberal justices and four conservatives, even with Anthony Kennedy's occasional swings.

Discussion: Mashable

Lyle Denniston / SCOTUSblog:

Is a recess appointment to the Court an option? (UPDATED) — UPDATED Sunday 8:48 a.m. The Senate is currently in recess until February 22. The recess began on Friday. Whether this opens an opportunity for a recess appointment depends upon how Senate leaders interpret an adjournment resolution approved last Friday.

Discussion: Booman Tribune, The Resurgent and Politico

Scott Lemieux / Guardian:

Antonin Scalia's legacy: blistering zingers and a more partisan America — The US supreme court justice will be remembered more for his dissents than legal opinions that changed lives. Given his analyses, that may be for the best — hen Antonin Scalia was nominated to the US supreme court …

Discussion: ThinkProgress, Politico, Constitution Daily, The Talking Dog, Lawyers, Guns & Money, Vox and Raw Story

Gary Martin / MySanAntonio.com:

Senior U.S. Supreme Court Associate Justice Antonin Scalia found dead at West Texas ranch — Associate Justice Antonin Scalia was found dead of apparent natural causes Saturday on a luxury resort in West Texas, federal officials said. — Scalia, 79, was a guest at the Cibolo Creek Ranch …

Discussion: Washington Post, MichelleMalkin.com, Vox, Yahoo Politics, Talking Points Memo, Business Insider, Mother Jones, The Hill, The Huffington Post, USA Today, theGrio, Raw Story, The Moderate Voice, Los Angeles Times, CBS Dallas, TIME, ABC News, The Right Scoop, The Atlantic, AOL, Media Matters for America, Mashable, The Gateway Pundit, The Daily Caller, The Daily Signal, Guardian, RedState, Power Line, Mediaite, BuzzFeed, The Hinterland Gazette, SCOTUSblog, Above the Law, Slantpoint, Bangor Daily News, KVIA-TV, CNBC, Politico, CBS News, electionlawblog.org, Office Of The Governor, Courthouse News Service, Taylor Marsh, The Week, Liberal Values, Scared Monkeys, No More Mister Nice Blog, TPNN, Common Dreams, New York Post, Washington Free Beacon, Balkinization, Instapundit, Hit & Run, New York Magazine, Washington Monthly, The Resurgent, Hot Air, CANNONFIRE, Politicus USA, Washington Blade, The Last Refuge, Friendly Atheist, Le·gal In·sur·rec· tion, New York's PIX11, Little Green Footballs, Althouse, Balloon Juice, addictinginfo.org and Daily Kos

Peter Baker / New York Times:

Battle Begins Over Naming Next Justice — The death of Justice Antonin Scalia on Saturday immediately set off a partisan battle over a vacancy that could reshape the Supreme Court for years to come, as Senate Republicans called on President Obama to let his successor fill the seat.

Discussion: JustOneMinute, Bloomberg Business, Los Angeles Times, CNN, alan.com and Political Wire

Lydia Wheeler / The Hill:

Judiciary chair: ‘Standard practice’ to not confirm SCOTUS nominee in election year — It is “standard practice” to not confirm nominations to the Supreme Court in an election year, Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) said Saturday, following news of the death of Justice Antonin Scalia.

Discussion: RedState, CBS News, Outside the Beltway, WiredPen, ABC News, Vox and Politico

Jessica Hopper / ABC News:
Ted Cruz Plans to Filibuster Any Supreme Court Nominee Made by President Obama

Discussion: Associated Press, Washington Post, abc11.com and The Week

Ian Millhiser / ThinkProgress:
The Simply Breathtaking Consequences Of Justice Scalia's Death

Discussion: New York Times, USA Today, naked capitalism, addictinginfo.org, The Atlantic, fox13now.com, Guardian and The Hill

New York Times:
How Long Does It Take to Confirm a Supreme Court Nominee?

Discussion: Guardian, Trail Blazers Blog and The Scoop Blog

New York Times:
Justice Antonin Scalia's Supreme Court Legacy

Discussion: Prairie Weather and Daily Kos

Sam Stein / The Huffington Post:
Conservatives Quickly Refuse Any Obama Court Replacement After Antonin Scalia's Death

Discussion: Guardian, No More Mister Nice Blog, USA Today, New York Times, Slantpoint, Raw Story, Common Dreams, Politico, Business Insider, FiveThirtyEight and KXAN-TV

Tom Goldstein / SCOTUSblog:
What happens to this Term's close cases? (Updated)

Discussion: CNN, Slantpoint, Outside the Beltway, Balloon Juice, The Daily Caller, Washington Post, Shot in the Dark, Daily Kos, The Huffington Post and Betsy's Page

Gabriel Malor / The Federalist:
There's Ample Precedent For Rejecting Lame Duck Supreme Court Nominees

Discussion: John Hawkins' Right Wing News and The Moderate Voice

Robert Barnes / Washington Post:
Supreme Court Justice Antonin Scalia dies at 79

Josh Blackman / Josh Blackman's Blog:
Nominations to Supreme Court in Election Year with Divided and Unified Governments

Discussion: USA Today, BizPac Review, Washington Post, The Gateway Pundit and Trail Blazers Blog

Glenn Thrush / Politico:
McConnell throws down the gauntlet: No Scalia replacement under Obama

Discussion: Towleroad, Washington Post, The Hill, Unqualified Offerings, Vox and RedState

Washington Post:
Why the death of a Supreme Court justice in office is unusual

Discussion: Politico, New York Times, ABC News, BuzzFeed, Trail Blazers Blog, abc11.com and Marginal REVOLUTION

Ross Douthat / New York Times:
Antonin Scalia, Conservative Legal Giant

Discussion: Power Line, The Atlantic and Slate

Jonathan Chait / New York Magazine:
How Scalia's Death Will Change the Supreme Court, America, and the Planet

Discussion: Slantpoint, The Daily Beast, Weekly Standard and Politicus USA

Harper Neidig / The Hill:
McConnell: Don't replace Scalia until after election

Discussion: Politico, Guardian, Slantpoint, Washington Post, Washington Monthly, Talking Points Memo, Hullabaloo, RedState, Vox, The Hinterland Gazette, Le·gal In·sur·rec· tion and The Moderate Voice

Stephen Dinan / Washington Times:
Mitch McConnell rules out replacing Antonin Scalia until new president is elected

Discussion: Independent Journal Review, RedState and JustOneMinute

Liz Goodwin / Yahoo Politics:
GOP candidates urge Senate to block Obama's Supreme Court pick

Discussion: Politico, ABC News, The Hill and Vox Popoli

CNN:
Supreme Court Justice Antonin Scalia dies at 79

Discussion: CNNMoney, NPR, Washington Post, New Republic, Politicus USA, The Right Scoop, The Reality-Based Community, ABC News, KFOR-TV, BuzzFeed, Yahoo Politics, Vox, The Daily Caller, ImmigrationProf Blog, New York Magazine, SCOTUSblog and USA Today

Adam Liptak / New York Times:
Antonin Scalia, Justice on the Supreme Court, Dies at 79

Discussion: BloombergView.com, Business Insider, Guardian, Crooked Timber, Eduwonk, AOL, Politico, New York Daily News, Discourse.net, Outside the Beltway, RH Reality Check and alan.com

CBS News:

Poll: South Carolina still solidly for Donald Trump, Hillary Clinton — The CBS News Battleground Tracker poll Donald Trump keeps a large lead in South Carolina, bolstered by support from conservatives and also from evangelical voters, who make up a large share of the electorate here.

Discussion: us3.campaign-archive1.com, Lawyers, Guns & Money, New York Times, Politico, The Week, YouGov US Opinion Center News, Florida Politics, Vox, Fort Smith/Fayetteville News and Slantpoint

Michael C. Bender / Bloomberg Business:

The ‘You Lie’ Debate: Republicans Running Out of Time to Stop Trump in South Carolina — A Republican slugfest in South Carolina Saturday night pitted Marco Rubio against Ted Cruz, Jeb Bush against John Kasich and Donald Trump against just about all of them.

Discussion: TIME

Jesse Byrnes / The Hill:

Cruz starts speaking Spanish after Rubio says he doesn't know the language … Sens. Ted Cruz and Marco Rubio clashed vigorously on illegal immigration during the Republican presidential debate Saturday night, with the candidates at one point tussling over who speaks Spanish.

Discussion: Washington Monthly, U.S. News, Washington Post, Trail Blazers Blog, Infowars, Mashable and The Week

Bradford Richardson / The Hill:

Online poll: Trump up by 22 points in SC — Republican primary front-runner Donald Trump leads GOP field in South Carolina by 22 points ahead of the next GOP primary, according to a new poll. — The CBS News “Battleground Tracker” poll released on Sunday morning shows Trump with 42 percent support.

Discussion: Washington Post, Slantpoint and Yahoo Politics

Matthew Boyle / Breitbart: Exclusive — Donald Trump, Ted Cruz Campaigns Bash RNC for Stacking Audience with Pro-Amnesty Donor Class

Katie Glueck / Politico:
Trump blames George W. Bush for 9/11

Discussion: The Moderate Voice, Yahoo Politics, Liberal Values and Raw Story

Kira Lerner / ThinkProgress:
Republican Debate Descends Into Total Chaos, Moderator Threatens To ‘Turn This Car Around’

Discussion: TIME and alan.com

John Podhoretz / New York Post:
Trump was out of control in South Carolina debate

Discussion: Marco Rubio

Noah Weiland / Politico:
Trump dominates talking time at Republican debate

Discussion: CNN, The Hill, The Moderate Voice, Yahoo Politics, Hot Air and The Hinterland Gazette

Sean Sullivan / Washington Post:
Republican debate: Raised voices, name calling and personal attacks

Discussion: Talking Points Memo, Hit & Run, Slantpoint, Des Moines Register and Independent Journal Review

Patrick Healy / New York Times:
In Republican Debate, Jeb Bush Attacks Donald Trump

Discussion: Washington Post, Outside the Beltway and Washington Monthly

Elizabeth Price Foley / Instapundit:

COULD OBAMA MAKE A RECESS APPOINTMENT TO REPLACE SCALIA?: The answer appears to be “yes,” because (once again), the GOP-controlled Senate voluntarily has left itself vulnerable to the exercise of such presidential power. Article II, section 2 of the Constitution gives the President power to fill vacancies …

Discussion: Fox News

Kate Bowler / New York Times:

Death, the Prosperity Gospel and Me — Durham, N.C. — ON a Thursday morning a few months ago, I got a call from my doctor's assistant telling me that I have Stage 4 cancer. The stomach cramps I was suffering from were not caused by a faulty gallbladder, but by a massive tumor. — I am 35.