Seth Barrett Tillman writes about the political and legal aftermath of Justice Scalia’s passing.
So if you are advising the President … before urging the President to install a U.S. Supreme Court Justice via a unilateral recess appointment … before urging the President to act against the will of the Senate majority, think carefully, think dispassionately, think coolly. You may end up, not empowering the President, but energizing the long moribund United States Senate. A fitting further epitaph for Antonin Scalia?
These ideas were developed in full in a 2007 four-part exchange between Professor Kalt and myself…
Worth reading in full.