The Court decision dealt with three of over 1,200 such positions.
Now that Sen. John Kerry (D-Mass.) has been confirmed as secretary of state, we're revisiting our item from earlier this month that looked at the politics of Senate appointments and why Barney Frank isn't likely to be named Kerry's replacement.
Scott will become the only African-American in the Senate and the first black Republican senator since the 1970s.
South Carolina Gov. Nikki Haley (R) has narrowed her list of potential Senate appointees down to five -- a list that includes former state first lady Jenny Sanford.
The appointee will serve until 2014, when the state will hold two Senate elections.