Scalia Replacement Update

Senator Charles Grassley has now allowed that he may convene the Senate Judiciary Committee to hold hearings on an Obama nominee to succeed Justice Scalia.  “I would wait until the nominee is made before I would make any decisions,” Grassley told an Iowa radio station.  After that, it is hard to see how Grassley can avoid holding a hearing, as that would require him to admit pre-judging the nominee without even giving him or her the chance to answer questions or resolve misgivings.

In the meantime, Ted Cruz has dared Donald Trump to sue him — although not over his natural born citizen status, as Trump has threatened. "If you want to file a lawsuit challenging this ad, claiming defamation, file the lawsuit," said Cruz at a press conference.

Trump, of course, has threatened multiple lawsuits against Cruz, one of which, if filed, would challenge Cruz's eligibility for the presidency.  That case would be far more difficult to resolve than a defamation action.  In fact, it would have considerable merit, according to scholars such as Eric Posner, Robert Clinton, and Einer Elhauge.

Both of these developments — an impending hearing and an impending NBC lawsuit — bring us closer to the moment when Cruz might be able to interrogate his own future judge, unless he recuses himself.

UPDATE: Cruz also said, of Trump's potential defamation case, " One of the things I look forward to most of all is deposing Donald Trump. For that particular endeavor, I may well not use outside counsel. I may take the deposition myself."

Trump responded, that only "time will tell, Teddy," whether he file suit over the alleged defamation or Cruz's presidential eligibility, thus bringing us another step closer to the recusal question.

The updated facts are from Slate.