Launch Formal Investigation into Scalia Death, No Recess Appointment

There has been no inquest as required under Texas law and there was no autopsy to determine the cause of death of Antonin Scalia, Associate Justice of the Supreme Court of the United States. His body was quickly embalmed and some political communities are pressuring national leader(s) to have someone appointed to replace Scalia immediately. ("Inquest" means an investigation into the cause and circumstances of the death of a person, and a determination, made with or without a formal court hearing, as to whether the death was caused by an unlawful act or omission. What transpired in Texas with Scalia did not meet this definition as no real investigation was conducted into whether the death was caused by unlawful act or omission.)

Such an investigation within the legal meaning of an "inquest" as described above could be conducted either before or after Scalia's burial. However, it is felt that the sooner conducted the better.

This petition requests a formal investigation and inquest to determine what happened to Scalia. It is also vital that no recess appointments occur and that the President wait for the House and Senate to meet (until Feb. 23, 2016) before further acting either to submit a nomination or to indicate some other course of deferred action. In any event, the President should wait until it is clear that a formal investigation and inquest have been complete regarding Scalia. The investigation, should, at minimum, explain the decision of authorities not to conduct an autopsy of Scalia, and, any person charged with the investigation should engage the services of an independent forensic pathologist.

The Texas law cited above (Texas Code of Criminal Procedure (Title 1, Chapter 49, Subchapter A, Article 49.04 (Deaths Requiring an Inquest)) is most relevant to this case, but is not the only one which requires an investigation of the cause of Scalia's death. Noting that Scalia's body has been in Virginia, and has also been in repose at the Great Hall of the US Supreme Court, and finally there will be a funeral on Saturday Feb. 20, 2016 at the Basilica of the National Shrine of the Immaculate Conception in Washington, D.C., should the Virginia Governor, District of Columbia Mayor, or District of Columbia Attorney General wish to initiate an formal investigation, they are encouraged to do so. Legal and compelling reason exists for any of those officials to do so for Scalia in Virginia based on Code of Virginia § 32.1-283, Investigation of deaths, and § 32.1-263 (D) or (E), or in Washington, D.C., based on Code of the District of Columbia § 5–1405. Deaths - determinations and investigations, under subsections (b)(1), (b)(3), (b)(11), or (b)(12).