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3:00 PM ET, February 14, 2016

memeorandum

 Top Items: 
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
RELATED:
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.
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.
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 and The Agonist
CNN:
David Axelrod: A surprising request from Justice Scalia  —  David Axelrod is CNN's senior political commentator and host of the podcast “The Axe Files.”  He was senior adviser to President Barack Obama and chief strategist for the 2008 and 2012 Obama campaigns.  The opinions expressed in this commentary are his.
Discussion: Political Wire
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 …
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.
Tom Goldstein / SCOTUSblog:
Ninth Circuit Judge Paul Watford is the most likely nominee to replace Antonin Scalia
Discussion: Above the Law, Slantpoint and Politico
Sam Stein / The Huffington Post:
Conservatives Quickly Refuse Any Obama Court Replacement After Antonin Scalia's Death
Jennifer Bendery / The Huffington Post:
Mitch McConnell Voted To Confirm A Supreme Court Justice In Reagan's Final Year
Discussion: Slantpoint and Politico
New York Times:
Justice Antonin Scalia's Supreme Court Legacy
Discussion: Prairie Weather and Daily Kos
Ross Douthat / New York Times:
Antonin Scalia, Conservative Legal Giant
Discussion: Power Line, The Atlantic and Slate
Robert Barnes / Washington Post:
Supreme Court Justice Antonin Scalia dies at 79
Harper Neidig / The Hill:
McConnell: Don't replace Scalia until after election
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.
RELATED:
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
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.
John Podhoretz / New York Post:
Trump was out of control in South Carolina debate  —  Donald Trump was so awful, so horrible, so disgusting in the latest Republican debate — his lies, his distortions, his deceits, and his libels thicker and fouler than they've yet been—that he's done us all a favor.
Discussion: Marco Rubio
Matthew Boyle / Breitbart:   Exclusive — Donald Trump, Ted Cruz Campaigns Bash RNC for Stacking Audience with Pro-Amnesty Donor Class
Kira Lerner / ThinkProgress:
Republican Debate Descends Into Total Chaos, Moderator Threatens To ‘Turn This Car Around’
Discussion: TIME and alan.com
Katie Glueck / Politico:
Trump blames George W. Bush for 9/11
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.
Ace / Ace of Spades HQ:
The Ego Has Landed: Why Trump Damaged Himself Tonight  —  Apologies.  I have no idea why I indulged myself to write so long to make such a simple point.  Long story short: You can't tell people they've been flat wrong about everything for 17 years, without giving the slightest reason …
 
 
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 More Items: 
Maureen Dowd / New York Times:
When Hillary Clinton Killed Feminism
Jonathan Martin / New York Times:
Republican Candidates Unite Against Obama on Replacing Scalia
Discussion: Politicus USA
Los Angeles Times:
Pope warns Mexican church against dealing with 'today's Pharoahs' at the expense of the poor
Discussion: The Week and KTLA
 Earlier Items: