So can someone help me understand what happens now to his post? Does Obama appoint someone like asap?
The vetting process remains. Obama has the option of nominating someone. Unfortunately, the Senate has the option to not act upon it indefinetly.
The people of the United States should not go for more than a year without a full Supreme Court especially now that the current condition would often result in no decision and cases will be abandoned by the court and left to the devices of the lower court ruling. Mitch McConnell is already on record as being in favor of shirking the responsibility of fairly considering all nominees.
Supreme Court really is not an area I am not too knowledgeable about. I read a few articles today and now I think like you. Current SC is deadlocked at 4 conservatives and 4 liberals. In this case, Obama should consult with Republican and Democratic Party leaders and bring a consensus judge to the table.
Actually the Constitution says that Obama must nominate somebody. He would be shirking his duties as President by not nominating a successor for Scalia's spot. The long period before the next President takes office makes a nomination absolutely necessary. A confirmation is unlikely unless the balance on the court shifts further in some way in the interim. The reason John Roberts is drawing fire right now is that he believes in the Supreme Court as an essential part of the separation of powers first and as a political entity second. The former belief enrages the conservative right, as in when he upheld the Affordable Care Act and allowed Gay Marriage to become reality nationwide, the latter enrages the liberal left as when he expanded heavily on the Citizens United case, which was about the quiet period before an election and became instead about the way America allows private campaign finance to work. He's going to draw fire continuously for the rest of his tenure on the Supreme Court because a fence-sitter pleases nobody, which he would argue is the job of the Chief Justice of the Supreme Court.
This could get ugly. If Obama nominates a liberal leaning justice, the senate will surely not give confirmation. Hopefully they work together on the nomination.
Technically - the Senate is in recess until Feb 22nd, Pres. Obama could "try" to make a recess appointment that would serve until this Congress session over unless approved. The Senate could also try to reconvene to do some business this week to make sure that window does not exist. Obama knows that no one he would nominate would get passed through the senate, so he could see this as an opportunity to at least steer the decisions for the cases that are currently in the court. There is some debate about this, but he could definitely try to go this route. It would not be the first time that Obama has pushed the envelope of his authority. So although I do not think he will, it would not shock me if he does.
