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24 votes

Did SCOTUS have the authority to rule on McConnell's refusal to allow Obama to fill a SCOTUS vacancy?

No, this is the sole prerogative of the Senate, with no recourse to any other body. To quote from this answer which asks about whether the President can force a vote: Congress has certain ...
Bobson's user avatar
  • 24.6k
18 votes

Did SCOTUS have the authority to rule on McConnell's refusal to allow Obama to fill a SCOTUS vacancy?

There are several legal/constitutional obstacles to taking such a case through the federal court system. The existence of these obstacles doesn't mean that it could never happen, but does affect the ...
alexg's user avatar
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5 votes

Did SCOTUS have the authority to rule on McConnell's refusal to allow Obama to fill a SCOTUS vacancy?

Adding my own answer because I think I disagree with the current top-vote getter on somewhat pedantic grounds. Bobson's answer is a defensible response to what SCOTUS would have said about their ...
TenthJustice's user avatar
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5 votes

How might a new candidate be chosen if a major party candidate becomes incapacitated after winning the primary but before the party convention?

Delegates to a national convention don't have to vote for the candidate that they are pledged to support if their candidate has effectively dropped out of the race. They become uncommitted delegates ...
ohwilleke's user avatar
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1 vote

Did SCOTUS have the authority to rule on McConnell's refusal to allow Obama to fill a SCOTUS vacancy?

I like the other answers, but there's one more angle to consider: what a successful ruling would have looked like. The Constitution is rather explicit that only the Senate can offer "advice and ...
Machavity's user avatar
  • 49.2k

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