Using Obama’s own words to determine who should appoint a new Justice

Since the news of the passing of Justice Antonin Scalia, legal and political commentators have discussed the possibility of an Obama recess appointment to the Court; the infrequency of election-year nominations to the Court (the last election-year nomination was in 1932, before Justice Scalia was born); the 1968 filibuster of Associate Justice Abe Fortas' nomination as Chief Justice; and various arguments for and against a vote on a nominee this year. Those on the Left who would like to see an

Since the news of the passing of Justice Antonin Scalia, legal and political commentators have discussed the possibility of an Obama recess appointment to the Court; the infrequency of election-year nominations to the Court (the last election-year nomination was in 1932, before Justice Scalia was born); the 1968 filibuster of Associate Justice Abe Fortas' nomination as Chief Justice; and various arguments for and against a vote on a nominee this year. Those on the Left who would like to see an…