President Has Constitutional Power to Appoint, Not Just Nominate, Successor to Scalia
University of Illinois Urbana-ChampaignAfter the death of Supreme Court Justice Antonin Scalia, Republican senators, led by Senate Majority Leader Mitch McConnell, announced that they would neither consider nor vote on any nominee to the court picked by President Barack Obama. According to a new paper co-written by two University of Illinois legal experts, that position may be more problematic - both pragmatically and constitutionally - than those senators realize.