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Sandra Day O’Connor Is Wrong About the Scalia Vacancy

CNN reports that former Supreme Court Justice Sandra Day O’Connor has weighed in with her opinion that Republican Senators should confirm whoever Obama nominates so the new justice can “just get on with it.” As Steve Klepper points out in a tweet, though, it should be no surprise that O’Connor feels this way. She has spent much of her retirement campaigning against judicial elections and in favor of the lawyer-dominated “Missouri Plan” judicial selection process.

Respectfully, she’s wrong. O’Connor says that the vacancy’s proximity to the election “creates too much talk around the thing that isn’t necessary,” but the Constitution vests the appointment powers for new justices in two political branches of government, making the appointment of a new justice apolitical question.

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