This week’s headlines regarding Justice Scalia’s death and its implications have flooded the news, Twitter feeds, Facebook, and many other media platforms. Scalia’s unexpected passing has led to a new bipartisan battle because the next Supreme Court nominee has the potential to change the politics of the Supreme Court. A Supreme Court that might have voted 5-4, conservatively, on many issues could possibly vote in favor of the more liberal outcomes; this is a scary prospect for conservatives, and an exciting one for liberals.
At issue, though, is whether the Senate will consider the nomination. If Obama nominates a liberal, Republicans will fight the nomination, which would probably result in a filibuster. Obama could also nominate a judge that is more of a centrist, giving that judge immense weight on large issues ranging from immigration to abortion rights and campaign finance. It is important to note that Supreme Court justices do not vote with a political party, but their votes often align with partisan politics.
Three justices on the current Supreme Court are now over 75. Although they can potentially serve for many more years, there is also a chance that the next president will be nominating a new Supreme Court Justice or two. Whoever becomes the next President and whoever controls the next Senate could hugely transform the Supreme Court’s makeup, and therefore the results of some of the more significant future decisions. As an example, a more liberal Supreme Court might have struck down the pivotal campaign finance decision FEC v Citizens United.
A plethora of articles address the longstanding implications of the next Supreme Court - NY Times provides an excellent analysis. Assuming the Senate accepts Obama’s nomination, the next question becomes who will that be? One rumored nomination is Diane Humetewa; history could once again be made because Humetewa would be the Supreme Court’s first Native American nominee, specifically the first Hopi Nation nominee.
Diane Humetewa bridges the partisan divide. She has worked for Senator McCain, and was nominated for other positions by both President Bush and President Obama. From a strategic point of view, Humetewa is a judicious nomination. From a philosophical, representative, and progressive perspective Humetewa brings a rich and varied tapestry of legal experience. The historically marginalized female, nonwhite perspective would at last obtain a greater voice, which would be particularly poignant during cases that directly affect women, people of color, and Native American interests. The nomination of Judge Humetewa would represent an infrastructural shift in who guides and influences U.S. politics on the macro-scale. It would also illustrate how far the U.S. needs to go in order to sufficiently begin to address the issues of representation and diversity—words and ideologies it likes to so heavily profess.
