Antonin Scalia's Replacement: What Happens Next On The Supreme Court?

Just minutes after the death of U.S. Supreme Court justice Antonin Scalia, officials across the political spectrum were issuing fiery statements about where to go next.

Scalia was a fiercely conservative voice on the court, and an appointment by a Democratic president could swing the court toward a liberal advantage.

But the Republican-controlled Senate appears set on blocking whomever Obama puts forward, instead choosing to wait until next year, when a potential conservative president could nominate a justice of his own.

Here’s everything you need to know.

SEE ALSO

• U.S. Supreme Court Justice Antonin Scalia Dead At 79
• Caustic, Sarcastic And Smart: Antonin Scalia In His Own Words
• Obama Vows to Nominate Scalia’s Successor to the Supreme Court

How does a Supreme Court justice get confirmed?

The process is pretty straightforward: The president nominates someone, and the Senate must confirm them. A candidate needs 60 votes to be confirmed.

Only 12 nominees have been rejected by the Senate in U.S. history, including just three since 1900.

What are Republicans saying about the current vacancy?

Senate Majority Leader Mitch McConnell said the Senate shouldn’t confirm any justice Obama puts forward and should instead wait until after the upcoming presidential election to name a replacement.

Republican frontrunners Donald Trump, Ted Cruz and Marco Rubio all agreed that the next president should nominate Scalia’s replacement, not Obama.

Has that ever happened before?

The short answer is no.

“The historical record does not reveal any instances since at least 1900 of the president failing to nominate and/or the Senate failing to confirm a nominee in a presidential election year because of the impending election,” according to SCOTUSblog, a private website that covers the high court.

You can see a full breakdown of Supreme Court nominations during a presidential election year at SCOTUSblog.

What are Democrats saying?

They want to follow historical precedent and get a nomination as soon as possible, with cases involving unions, voting rights and immigration that could be swung in their favor with a liberal justice coming up this year on the docket.

Obama has said that he will ignore calls that the next president should nominate Scalia’s replacement and will put a nominee forward soon.

“These are responsibilities that I take seriously, as should everyone,” he said. “They’re bigger than any one party. They are about our democracy.”

He will wait to make his nomination until the Senate returns from recess later this month.

What happens if Republicans keep their promise?

If McConnell’s wish is fulfilled, and the Republican-controlled Senate rejects any and every nomination Obama puts forward, the court could have several “no decision” rulings with votes split 4-4. In that case, the lower court’s ruling stands.

See SCOTUSblog for a look at how that could play out with this year’s cases.