Most immediate political consequence of Scalia's death: Obama's climate plan will not be struck down

[kpete]

The immediate and easily foreseeable impact is staggering. Last week, the Supreme Court issued a stay delaying the implementation of Obama’s Clean Power Plan. The stay indicated that a majority of the justices foresee a reasonably high likelihood that they would ultimately strike down Obama’s plan, which could jeopardize the Paris climate agreement and leave greenhouse gasses unchecked. Without Scalia on the Court, the odds of this drop to virtually zero. The challenge is set to be decided by a D.C. Circuit panel composed of a majority of Democratic appointees, which will almost certainly uphold the regulations. If the plan is upheld, it would require a majority of the Court to strike it down. With the Court now tied 4-4, such a ruling now seems nearly impossible.

http://nymag.com/daily/intelligencer/2016/02/how-scalias-death-will-change-everything.html

[randys1]

1. FANTASTIC!!!!!!!!!!!!!!!!!

sO HUMAN RACE WINS

[maindawg]

24. Why are there four

SC justices who still refuse to join the human race ? How could one fat a hole hold the entire eath hostage for so long ?

[Rebkeh]

2. Well, damn.

This is a good thing.

The loss is not and my prayers to his family and loved ones.

[gcomeau]

16. While I feel for the family...

...the loss of Scalia is indisputably a good thing for the nation. The amount of damage that man had done, and would have continued to do had he not died, almost defies description.

[ruffburr]

3. Already-

We are seeing Improvement!! Good Riddance Scalia!!! Hope you rot in Hell!!!

[valerief]

4. Hot day-yem! nt

[Arazi]

5. WOW!!!!

[vkkv]

6. It's getting better all the TIME!

Bernie's success, Scumliah is off the bench!

[myrna minx]

7. K&R!

[Orrex]

8. *This* is why Obama killed Scalia with the HAARP satellite

[Coventina]

9. SHHHHH!!! Ix-nay on the AARP-Hay!!!

[backscatter712]

12. Don't give Alex Jones ideas... n/t

[libtodeath]

10. The plan wont go forward either

if I am reading it right the stay is still in place.

http://www.theatlantic.com/politics/archive/2016/02/antonin-scalia-clean-power-plan-obama-climate-change/462807/

[former9thward]

11. Not really.

The SC has issued a stay. That is not affected by Scalia's death. By the time the case is heard by the DC Circuit and then put to the SC, Obama will long be out of office and a new Justice, appointed by someone, will have been confirmed.

[backscatter712]

13. What'll happen is it'll go to SCOTUS, where the court will split 4-4 on it.

Or if Obama manages to get a replacement for Scalia onto the court, it'll split 5-4 on our side.

Anyways, if the court's evenly divided, the circuit court ruling stands, and they're going to rule for Obama and for regulating carbon emissions.

Either way, we eventually win.

[former9thward]

15. No, the case will not be heard that fast.

Cases go very slowly at the federal level. Obama will be out of office by the time it is heard.

[SickOfTheOnePct]

17. Not to mention

That the SCOTUS can choose to not hear cases until they have a full court.

[former9thward]

18. Yes.

When Justice William O. Douglas was at the end, and it was clear he was mentally deficient, the court postponed cases where his vote would make a difference. They decided to wait until he died or retired and then hear the cases with a new Justice. It was a sad end to a brilliant career. After retirement he would come back to the SC building and try to get in because he thought he still was a Justice. Security had to stop him.

[Zorra]

14. Recommend. nt

[Hekate]

19. Brilliant. RIP, Nino.

[Akicita]

20. Let's hope so, but doesn't it depend on the constitutional arguments made by both sides?

If I remember right, President Obama's recess appointments to the National Labor Relations Board were struck down by a 9-0 vote by the SC.

[flamingdem]

21. Thank you mother nature nt

[Dopers_Greed]

23. New conservative conspiracy theory:

Mother nature is in the can for Obama because she stands to benefit from his climate change deal, and under his orders, assassinated Scalia with "natural causes."

Better get some congressional hearings started!

[MasonDreams]

25. It"s not nice to fool Mother Nature!!!

Fake butter causes even more heart attacks!!
Sorry tony, instead of making texas even hotter,
Just go to a really hot place!! !

[californiabernin]

26. Wonderful. nt