An ex Maricopa County prosecutor says President Obama has every right to nominate someone to replace the late Supreme Court Justice Antonin Scalia, and the Senate to vote against it. But Barnett Lottstein says, the Senate’s vow to delay appointing someone until after Obama leaves

office is appalling. Angered over what he says is putting politics before the Constitution, Lottstein says, “ it does not bode well for the country.”

The Republican Lottstein warns the Senate not giving an inch to Obama will only backfire on the G-O-P and the party’s presidential nominee this election year, and energize Democrats. “If the President were to nominee a person of impeccable credentials and the Senate refused to even give him a hearing, “Lottstein says, “ it would hurt the Republican nominee and be difficult to defend. “

He adds, not filling Scalia’s job right away is likely to result in a split Supreme Court, tossing issues back to the lower courts and bringing pending rulings back to square one. And, he says, the disarray can easily spill over into the next term, causing further delays.

Scalia died in his sleep during a hunting trip in Texas over the weekend. The last time a sitting Supreme Court Justice died while on the bench was in 2005 with the passing of William Rehnquist.

–Barbara Villa