BULLETIN:   ASSOCIATE JUSTICE ANTONIN SCALIA OF THE UNITED STATES SUPREME COURT HAS DIED – AT 5:43 P.M. ET: 

We have lost a giant defender of freedom.  The justice was the intellectual leader of the Court's conservatives.

Our side has won many of the most important cases on 5-4 votes. With Scalia gone,
the Court will operate with eight justices until a new one is nominated by the president
and confirmed by the Senate. Confirmation requires a simple majority.

Now is the time for Republicans to show some backbone. It must be made very clear
to Obama that the Senate will not confirm another Sotomayor or Kagan, two ideological
liberals. But I don’t know if that backbone exists. The president can, of course, consult with
the Senate on whom to appoint, but democracy is not Obama’s strong suit.

Or, the Senate can delay, and refuse to take up a presidential appointment until after
the November election. That would be wise.

This death was not anticipated. The ghostlike Justice Ruth was expected to unburden us
first. This is a pivotal moment in modern American history.

A personal note:

I heard Justice Scalia at Gatestone Institute about two years ago.  He was a wise and very warm man,
completely accessible, and lacking any pomp or aloofness.  He was known as a man who could be close friends with someone with whom he completely disagreed.  Indeed, he and liberal Justice Ruth Guinsburg were the closest of friends.  They and their families enjoyed opera together. 

Justice Scalia will be remembered as one of the great Supreme Court justices.

February 13, 2016