Who will replace Justice Scalia?

Replacing Justice Scalia

"A very, very smart engaging individual who was very friendly and east to talk to."

Phoenix attorney Bill Maledon is a former clerk for Supreme Court Justice William Brennan and he's crossed paths with Justice Scalia on several occasions; he's even argued a case in front of him.

"I remember, as was always the case with Justice Scalia, he had many questions from the bench during oral arguments that were probing, insightful, very thoughtful questions," he said.

Replacing Scalia, he says, is a monumental decision, regardless of ideology. 

"He was such a powerful presence on the court that I think there's a feeling he will be very, very difficult to replace, no matter what side anybody is on, politically," he said.

Meanwhile, Sen. John McCain has spoken out about who he thinks should choose Scalia's replacement, while echoing fellow GOP leaders.

"We should wait, the president can nominate who he wants to, but I believe we should wait until the next election and let the American people pick the next president and we should consider who the next President of the United States nominates," he said.

That comment apparently contradicts the Bipartisan stance on picking Supreme Court nominees and on McCain's website, he says:

"From Supreme Court Justin Sandra Day O'Connor to Sen. John Kyl, Arizona has a rich and storied legal history. For Sen. McCain, one of the best ways to honor that legacy is to work with whomever is the President and other Senators to fill vacancies with the most qualified people who are willing to serve their country as judges."

In response to this contradiction, Sen. McCain's spokeswoman says:

"Sen. McCain understands the unique circumstances that exist in filling judicial vacancies during an election year, including the fact that no Supreme Court justice has been nominated and confirmed in a presidential election year in 80 years. He believes the American people should have a voice in the direction of the next Supreme Court justice by electing a new president."


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