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How Obama Should Play Scalia’s Vacancy

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Some further thoughts on how things will play out.

The big question on Supreme Court appointments this week is what to make of the Sandoval trial balloon. If there was any chance he would be confirmed, this would obviously be unacceptable. But there isn’t, so I can at least see the political case for him.

Nonetheless, I don’t think he should be nominated, and also don’t think he will be. I still think “progressive person of color with impeccable formal credentials” is the play here, not “not very progressive person of color with formal credentials that are lacking by the (admittedly dumb) standards of contemporary Supreme Court appointments.” I wouldn’t say it matters a great deal either way, though.

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