evidence: After he lost, he supported Lincoln's policies in the Spring of 1861, but then, sadly, died of a sudden illness. Sometimes you a duty to run and lose. Mitt Romney should think about that. Taking Utah from Donald Trump, which would be a real possibility if Romney runs, might swing the election. Posted 11:04 AM by Gerard N. Magliocca [link] (54) comments [...] Posted 1:32 AM by Sandy Levinson [link] (27) comments [...] After Justice Antonin Scalia’s death, politicians wasted no time before teeing up a political battle over his replacement. Republican Senators—led by Senate Majority Leader Mitch McConnell—immediately announced that they would not consider or vote on any replacement nominees from President Barack Obama. Instead, Senate Republicans deliberately seek to transfer President Obama’s power to appoint Justice Scalia’s replacement to the next elected President. This plan has generated substantial debate, but the debates have yet to engage with some of the most important historic, pragmatic, and constitutional risks of the plan. With Judge Merrick Garland’s nomination to the U.S. Supreme Court pending and Donald Trump the presumptive nominee of the Republican Party, this Article seeks to bring greater attention to these risks. We begin with history and show a striking fact that has not yet been recognized: There have been 103 prior cases in which—like the case of President Obama’s nomination of Judge Garland—an elected President has faced an actual vacancy on the Supreme Court and began an appointment process prior to the election of a successor.