Supreme Court Justice Antonin Scalia, the backbone of the Supreme Court’s conservative faction, passed away on February 13 at Cibolo Creek Ranch in West Texas. Justice Scalia played a powerful role in shaping American law during his time as a member of the United States Court of Appeals and as an Associate Justice of the United States Supreme Court.
Justice Scalia’s unforeseen death leaves an ideological void on the bench of the Supreme Court, resulting in both political parties disputing the direction the country is headed. This unexpected turn of events has escalated the importance of the Presidential race and focused attention toward Senate Republicans. With four liberal minded Justices and four conservative Justices, the replacement of Justice Scalia will be a key component in shifting the Supreme Courts ideological leaning.
President Obama will likely nominate a replacement for Justice Scalia, but the real question looming over this situation is whether the nominee will get the up or down vote before the end of his term. If Obama is able to appoint a replacement for Justice Scalia he will change the makeup of the court conclusively to the left. A court with such a liberal slant would undoubtedly change the direction of the country away from constitutionalism and completely transform American jurisprudence for the worse.
Senate Majority leader, Mitch McConnell, has vowed to deny President Obama the ability to shift the ideological leaning of the court during his last year in office. McConnell announced shortly after the passing of Justice Scalia that, “The American people should have a voice in the selection of their next Supreme Court Justice.” There is nothing in the Constitution directly mentioning the method at which the Senate may deny an appointee, but simply that a vote determines the ultimate outcome. Furthermore, a nominee’s approval requires 62 votes. With only 44 Democrat and two Independent senators, the president’s nominee would require a broad appeal to both Democrats and moderate-leaning Republicans.
Senate Republicans should postpone replacing Justice Scalia until the inauguration of the next president. Allowing President Obama to appoint a justice would alter and dramatically transform constitutional law for a generation. With important Supreme Court decisions inevitably to come, a liberal-minded court would undermine our founders’ intent, and damage the very fabric of American Jurisprudence.
