Justice Antonin Scalia, a long time conservative force on the Supreme Court, passed away a little over a week ago on February 13th. His death has caused chaos and a further rift between parties in Congress as Obama hurries to get a nomination for his replacement approved.
Scalia was an extremely vocal presence on the Court, writing the majority on a huge number of cases. He was one of the more vocal leaders on the bench, leaving the rest of the block much quieter without his presence. He was an avid believer in interpreting the Constitution how it was written, falling on the conservative side of the many cases that he heard. Now the Court is split, 4 liberal Justices and 4 conservative Justices, and the Court does not adjourn until June. This could be a staunchly divided Court on issues such as Union salaries and abortion, with a high probability the Justices will split a lot of the cases they have left to hear this term 4-4. When this happens, the Court upholds the opinion given in the Court of Appeals without setting a national precedent or issuing a majority opinion. This could mean judgments for a lot of lower court decisions that Democrats are hoping to preserve, especially where abortion laws are concerned.
His death and an open seat on the Supreme Court heats up the politics of the current presidential race as voters could be turned off from both parties as the fight for the nomination brings out just how stubborn Congress can be. Republican forces in the Senate have vowed to shoot down any candidate President Obama brings to the table, regardless of how liberal or moderate they may be. Even though this could hurt them when the liberal decisions of the lower courts are being upheld, it is no surprise that they are standing in the way of Obama, red-faced with steam coming out of their noses, ready to fight. Congress is best at getting nothing done, just when it needs to accomplish the most.
As moderate voters look towards the candidates for this upcoming election, we may see some voters choose an alignment based on how the different parties in the Senate handle this situation. Who would want to vote for someone who refuses to participate in the democratic process right when it is trying to do what it is designed to do? Not me, and hopefully not you.
Obama has been quoted, stating that he will nominate a predecessor in due time, and that he does not see any Constitutional reason for the Republicans in the Senate to block his nominations, although he does sense trouble is coming. He recognized that this nomination was absolutely bigger than partisan politics, and that these partisan politics should not pervade the Court.
This is a big deal. It is, quite literally, the history of our country in the making. The Justice who fills his spot could be, and most likely will be, the difference in huge policy movements for our nation in these next couple of years. Millennials, pay attention and follow this story, it will affect you.
