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3:30 PM ET, February 14, 2016

memeorandum

 Top Items: 
Elizabeth Price Foley / Instapundit:
COULD OBAMA MAKE A RECESS APPOINTMENT TO REPLACE SCALIA?:  The answer appears to be “yes,” because (once again), the GOP-controlled Senate voluntarily has left itself vulnerable to the exercise of such presidential power.  Article II, section 2 of the Constitution gives the President power to fill vacancies …
RELATED:
Lyle Denniston / SCOTUSblog:
Is a recess appointment to the Court an option?  (UPDATED)  —  UPDATED Sunday 8:48 a.m. The Senate is currently in recess until February 22.  The recess began on Friday.  Whether this opens an opportunity for a recess appointment depends upon how Senate leaders interpret an adjournment resolution approved last Friday.
Tom Maguire / JustOneMinute:
The Next Supreme Court Nominee  —  Let me put down a few thoughts about two circulating talking points on the possible treatment of a nominee to replace Scalia.  Here is the Times framing the use of the filibuster:  —  Filibusters of Supreme Court nominations are rare …
Amy Howe / SCOTUSblog:
Supreme Court vacancies in presidential election years  —  In the wake of the death of Justice Antonin Scalia, questions have arisen about whether there is a standard practice of not nominating and confirming Supreme Court Justices during a presidential election year.
Jason Whitely / USA Today:
Official: Scalia died of heart attack  —  MARFA, Texas — The death certificate for U.S. Supreme Court Justice Antonin Scalia will list myocardial infarction — a heart attack — as the official cause of death, Presidio County Judge Cinderela Guevara told WFAA on Sunday.
Linda Hirshman / Washington Post:
If Republicans block Obama's Supreme Court nomination, he wins anyway  —  After Justice Antonin Scalia's death Saturday at 79, the Supreme Court is now evenly divided between four liberal justices and four conservatives, even with Anthony Kennedy's occasional swings.
Discussion: Mashable
CNN:
David Axelrod: A surprising request from Justice Scalia  —  David Axelrod is CNN's senior political commentator and host of the podcast “The Axe Files.”  He was senior adviser to President Barack Obama and chief strategist for the 2008 and 2012 Obama campaigns.  The opinions expressed in this commentary are his.
Discussion: Political Wire
Scott Lemieux / Guardian:
Antonin Scalia's legacy: blistering zingers and a more partisan America  —  The US supreme court justice will be remembered more for his dissents than legal opinions that changed lives.  Given his analyses, that may be for the best  —  hen Antonin Scalia was nominated to the US supreme court …
Lana Straub / Washington Post:
Scalia is said to have died of a heart attack  —  MARFA, Tex. — Inside the cloistered chambers of the Supreme Court, Justice Antonin Scalia's days were highly regulated and predictable.  He met with clerks, wrote opinions and appeared for arguments in the august courtroom on a schedule set months in advance.
Discussion: Politico, Vox and The Hill
Sam Stein / The Huffington Post:
Conservatives Quickly Refuse Any Obama Court Replacement After Antonin Scalia's Death
Tom Goldstein / SCOTUSblog:
Ninth Circuit Judge Paul Watford is the most likely nominee to replace Antonin Scalia
Discussion: Above the Law, Slantpoint and Politico
Jennifer Bendery / The Huffington Post:
Mitch McConnell Voted To Confirm A Supreme Court Justice In Reagan's Final Year
Discussion: Slantpoint and Politico
New York Times:
Justice Antonin Scalia's Supreme Court Legacy
Discussion: Prairie Weather and Daily Kos
Glenn Thrush / Politico:
McConnell throws down the gauntlet: No Scalia replacement under Obama
Ross Douthat / New York Times:
Antonin Scalia, Conservative Legal Giant
Discussion: Power Line, The Atlantic and Slate
Robert Barnes / Washington Post:
Supreme Court Justice Antonin Scalia dies at 79
Tom Goldstein / SCOTUSblog:
What happens to this Term's close cases? (Updated)
Adam Liptak / New York Times:
Antonin Scalia, Justice on the Supreme Court, Dies at 79
CBS News:
Poll: South Carolina still solidly for Donald Trump, Hillary Clinton  —  The CBS News Battleground Tracker poll Donald Trump keeps a large lead in South Carolina, bolstered by support from conservatives and also from evangelical voters, who make up a large share of the electorate here.
RELATED:
Michael C. Bender / Bloomberg Business:
The ‘You Lie’ Debate: Republicans Running Out of Time to Stop Trump in South Carolina  —  A Republican slugfest in South Carolina Saturday night pitted Marco Rubio against Ted Cruz, Jeb Bush against John Kasich and Donald Trump against just about all of them.
Discussion: TIME
John Podhoretz / New York Post:
Trump was out of control in South Carolina debate  —  Donald Trump was so awful, so horrible, so disgusting in the latest Republican debate — his lies, his distortions, his deceits, and his libels thicker and fouler than they've yet been—that he's done us all a favor.
Discussion: Marco Rubio
Bradford Richardson / The Hill:
Online poll: Trump up by 22 points in SC  —  Republican primary front-runner Donald Trump leads GOP field in South Carolina by 22 points ahead of the next GOP primary, according to a new poll.  —  The CBS News “Battleground Tracker” poll released on Sunday morning shows Trump with 42 percent support.
Matthew Boyle / Breitbart:
Exclusive — Donald Trump, Ted Cruz Campaigns Bash RNC for Stacking Audience with Pro-Amnesty Donor Class
Discussion: Vox
Katie Glueck / Politico:
Trump blames George W. Bush for 9/11
Kira Lerner / ThinkProgress:
Republican Debate Descends Into Total Chaos, Moderator Threatens To ‘Turn This Car Around’
Discussion: TIME and alan.com
Ace / Ace of Spades HQ:
The Ego Has Landed: Why Trump Damaged Himself Tonight  —  Apologies.  I have no idea why I indulged myself to write so long to make such a simple point.  Long story short: You can't tell people they've been flat wrong about everything for 17 years, without giving the slightest reason …
 
 
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Laura Kukkonen / Columbia Journalism Review:
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