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Dershowitz: Obama Will Likely Choose a Moderate to Replace Scalia

President Barack Obama (AP)

By    |   Monday, 15 Feb 2016 05:03 PM

President Barack Obama will likely nominate a moderate to replace Justice Antonin Scalia in a smart bid to garner Republican support, renowned civil rights lawyer Alan Dershowitz tells Newsmax TV.

"The president has two ways of playing this. He can appoint a typical, liberal Democrat knowing that it will be rejected in order to make it into a campaign issue and the Democrats would benefit from that … that's one way he can go," Dershowitz, a Harvard Law professor emeritus, said Monday on "The Steve Malzberg Show."

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"I don't think the president will go that way. I think he will try to pick a moderate, somebody from an ethnic group … He may actually try to find somebody who was put on a circuit court by President Bush."

Dershowitz says by selecting a candidate who has passed through previous GOP scrutiny, he can say "'look this is somebody who was a Republican nominee who was confirmed earlier by a Republican Senate. How can you now turn him or her down?' There are many ways the president can play this."

Scalia's death over the weekend triggered a political firestorm, with Republicans insisting his replacement should be made by the next president and vowing to block any and all of Obama's picks. Obama insists he'll forge ahead and submit a name for consideration.

"So far [Obama is] doing it exactly right, saying he has a constitutional obligation to nominate and the Senate has a constitutional obligation to have a process of advice and consent which isn't 'delay, delay, delay' which is what the Republicans are calling for," Dershowitz said.

He said both Republicans and Democrats are playing politics when it comes to replacing Scalia.

"They shouldn't … When President [Herbert] Hoover asked for the list of the most qualified people … and they gave him a list and the Democratic Justice Benjamin Cardozo was on the bottom of the list," Dershowitz said.

"He said to his attorney general 'it's a great list, but you have it upside down. I'm going to appoint the person on the bottom of the list because he's the most qualified.' And they said 'but he's a Democrat.'

"Doesn't matter. The Supreme Court deserves the most qualified person. If the president were to pick somebody who was extraordinarily well qualified, highly regarded by the legal [community], it'd be much harder to turn that person down."

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President Barack Obama will likely nominate a moderate to replace Justice Antonin Scalia in a smart bid to garner Republican support, renowned civil rights lawyer Alan Dershowitz tells Newsmax TV.
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2016-03-15
Monday, 15 Feb 2016 05:03 PM
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