Antonin Scalia, the longest serving Supreme Court Justice, was born in 1936. He had a wife, Maureen McCarthy, and nine children. Scalia has served as a Justice since September 1986 when President Ronald Reagan nominated him. Scalia made quite a name for himself throughout his time serving. He has been known for his strictly conservative views and his outspokenness. During his time serving he has been part of some critical decisions in American history including cases regarding Detainee rights in Guantanamo Bay, Abortion (including Roe vs. Wade), cases involving race, gender and sexual orientation and many more.
On February 13, 2016, Antonin Scalia was found dead in a luxury resort. His sudden passing will destroy his family but what affect will his passing have on the U.S.?
Prior to Scalia passing, the Supreme Court was predominantly conservative but now they no longer hold the majority. With the Presidential election quickly approaching, just after reports of Scalia's passing Republican and Democratic leaders including Presidential candidates have been arguing whether or not President Obama should nominate a replacement for the late Scalia or if the seat should stay vacant until a new President takes office.
Let's assume that President Obama nominates a successor for Scalia. Because Obama is a Democrat, he most likely will appoint a liberal candidate to take over the position. With the addition of another liberal justice the liberals will then hold the majority in the Supreme Court. Of course, the Republicans definitely do not want this to be the case.
Now let's assume that the nomination is postponed until after the Presidential election. This would be the best case scenario for the Republicans because this gives them a chance at regaining the majority in the Supreme Court. A Kentucky Republican argued that "the American people should have a voice in the selection of their next Supreme Court Justice." However, it is hard to believe that the intention of Republicans is to postpone the nomination for the benefit of the American people rather the Republican parties benefit. The major issue for the Republicans with this scenario is it is dependent on a Republican President being elected. What would happen if a Democratic president is elected into office, then what?
Lastly, let's assume a Democratic President is voted into office, for our purposes let's say Hilary Clinton. Clinton would then have the power to nominate a new Justice to succeed Scalia. Clinton being a Democrat would most likely stay within her own party and who better to nominate that Barrack Obama? With his background as a Constitutional Law Professor at the University of Chicago he is almost a shoe-in for the position. This outcome too, would result in a the Liberals gaining the majority in the Supreme Court.
I'm sure you're wondering, "Which one of these scenarios is most plausible?"
Well, this whole situation is still pretty up in the air, anything can happen. On Saturday, February 13, President Obama made a formal statement saying that "in due time" he would nominate a successor for Justice Scalia. Although the Republicans are pressing extremely hard for the nomination to be postponed. Regardless of which party the President belongs to the Senate will still have to vote to finalize the process. As we can tell by recent GOP debates and the etiquette of this election, anything is possible.
Here's what the candidates are saying:
Hilary Clinton made a statement saying that "The Republicans in the Senate and on the campaign trail who are calling for Justice Scalia's seat to remain vacant dishonor our Constitution...The Senate has a constitutional responsibility here that it cannot abdicate for partisan political reasons."
Bernie Sanders made a more remorseful and sensitive statement saying, "While I differed with Justice Scalia's views and jurisprudence, he was a brilliant, colorful, and outspoken member of the Supreme Court. My thoughts and prayers are with his family and his colleagues who mourn his passing."
Macro Rubio, who was speedy to make a statement, said, "Justice Scalia was one of the most consequential Americans in our history and a brilliant legal mind who served with only one objective: to interpret and defend the Constitution as written." Rubio continues to say that "The next president must nominate a justice who will continue Justice Scalia's unwavering belief in the founding principles that we hold dear" note his not-so-subtle hint that the NEXT President must nominate Scalia's successor.
Ted Cruz took to twitter to say this:
Donald Trump also tweeted the following:























