Scalia’s death should energize voters
Aswell it should, theweekend death of Justice Antonin Scalia has elevated the vital role that this year’s election will play in the selection of U.S. Supreme Court justices whose rulings will affect our lives for decades to come.
For 30 years, Scalia was the court’s most spirited, outspoken and oversized conservative. For 30 years, he had an influence on the day’s pressing issues, including affirmative action, abortion rights, gun rights, campaign spending, immigration, climate policy and gay rights. Looking ahead 30 years, it’s easy to believe his legacy will endure.
Now consider that Scalia died at 79, and that Justice Anthony Kennedy is 79, Justice Stephen Breyer is 77 and Justice Ruth Bader Ginsburg is 82.
Given the court’s aged makeup, odds are good that the next president and the next members of the-U.S. Senate will make big decisions about the court. Voters should keep that in mind as they consider their choices this-March and-November.
But the immediate question is whether today’s president should nominate— and today’s Senate hold confirmation hearings on— a replacement for Scalia.
Without question, they should. Our Constitution prescribes a replacement process for a justice who dies, and our leaders should make it happen.
Given today’s heated rhetoric, it’s not so simple, though. Because Scalia-was the voice of the right, conservatives want to delay the process until after the-November election so that someone other than President Obama will make the pick. They’re worried Obama will pick a liberal who tilts the court’s 5-4 conservative majority the otherway. If necessary, Texas Sen. Ted Cruz promises to filibuster any confirmation hearing.
In arguing for a delay, Senate President Mitch-Mc-Connell says “the American people should have a voice in the selection of their next Supreme Court Justice.” But the American people have spoken. Twice, they have elected-Obama, the second time by more than 3 million votes.
If another justice isn’t chosen until after November, the Supreme Court’s next term could easily be defined by 4-4 split votes. In otherwords, crucial court decisions could be put on hold, or lower court decisions upheld, for a year. The American people deserve better.
Obama says that in due time, he will nominate someone. And if senators refuse to consider his pick, they risk awakening and energizing the electorate, including young people, on the critical role the court plays in everyday life.
Right now, Republicans hold a 54-46 edge in the Senate, but must defend 24 seats in theNovember, compared with10 for Democrats. As many as a dozen Senate seats are considered up for grabs, including that of Florida Sen. Marco Rubio, who is running for president and not for re-election. Currently, nine candidates hope to replace him: Democrats PatrickMurphy, Alan Grayson and Pam Keith; and Republicans Ron DeSantis, Carlos Lopez-Cantera, ToddWilcox, David Jolly, Ernie Rivera andHoward Knepper.
Whoever wins Rubio’s seat will play a big role in picking one or more Supreme Court justices who, like Scalia, will have a strong influence on our lives.
You could make a case that Scalia himselfwouldwant Obama to name his successor. Scaliawas a strict constitutionalist who demanded the document be followed as written, not bent to the whims of the times. And as written, the Constitution says the president makes the Supreme Court nomination, and the Senate fulfills an advise-and-consent role.
Voters play a big role, too, with the selections they make. So when you vote in the March primary and again inNovember’s general election, keep the court in mind.