Supreme Court Justice Antonin Scalia passed away on Feb. 13, something that was updated on Wikipedia by the end of the day. Typical of any famous person's death, the news was shared around Facebook rapidly. Articles, statements and words of mourning have filled my newsfeed. A Supreme Court justice has their position until death or impeachment. Therefore, with his death also came the question of who will fill the empty position.
Justice Scalia has been one of the most conservative justices on the bench. Appointed by President Ronald Reagan in 1986, he has repeatedly upheld a very literal reading of the constitution. He has been known for supporting the second amendment with a pro-gun attitude, as well as the death penalty. Throughout his time, he has done his best to uphold the letter of the law, doing his best to read the constitution word for word and not making any inferences about what it means. Although he often sided against abortion, his reasoning was that there was nothing in the Constitution to uphold the right to an abortion and therefore if the American people want it to be upheld, they should vote it into law.
Before Justice Scalia's death, the Supreme Court held a solid 5-4 Republican majority going into the last year of President Obama's term. Now, President Obama will try to appoint a new justice, likely to sway the majority in the Democratic party's favor. Unfortunately, the Republican-controlled Senate will refuse to confirm nominations in order to stall this outcome.
Within the same day of the news of his death, people were already trying to guess who would take his place. Many liberals are overjoyed by his death and the prospect of a new justice. However, they don't realize the political fight that is about to take place. If the seat is not filled, then the Supreme Court could easily end cases with a 4-4 ruling. In these situations, the ruling stays with the lower court's decision, and the Supreme Court case means nothing.
No matter what happens next, it is going to be unusual. It is very likely that there will be a political gridlock on this issue, proving once again the failure of our two parties to work together. Before you rejoice at the opening of a Supreme Court justice seat, remember that we are in for a lot of negotiations before we see another justice, conservative or liberal, Democrat or Republican.
