This past Saturday, long-time U.S. Supreme Court Justice Antonin Scalia, who was appointed to the Supreme Court in 1986 by President Ronald Reagan, passed away in Texas. Many consider him one of the most influential justices of modern times, and his death has truly shocked the American people. For many years, Scalia was known for his true conservative ideology and objective views of the Constitution. He was also recognized for his firm positions on various issues, typically being unwilling to compromise. On this matter, Time Magazine commented, “By planting his flag in one spot and refusing to budge, Scalia showed modern presidents and political parties that is possible to pick a Supreme Court justice who shines brightly without shifting shape.”
Scalia, after graduating from Georgetown University and receiving a law degree from Harvard University, served in both the Nixon and Ford administrations. In addition to this, for many years, he taught at the University of Virginia and the University of Chicago. In 1982, President Reagan appointed him to the position of judge of the United States Court of Appeals for the District of Columbia Circuit. Four years later, he was chosen by Reagan for the Supreme Court, becoming the first Italian-American justice.
Now, as President Obama is set to nominate someone to replace Scalia, tensions are boiling in Washington throughout both major parties. Who President Obama chooses to replace Scalia could have a immense impact on a broad spectrum of future Supreme Court Cases. When Scalia was still a member of the Supreme Court, the nine justices typically leaned 5-4 in favor of the Republican Party. If a new justice is appointed by Obama, though, it would give the Democratic Party a key 5-4 advantage in the judiciary branch.
This nomination, however, is already receiving a great deal of resistance from Republican members of the Senate, who would have to approve the President’s nomination in order for the new justice to be appointed. In fact, Senate Majority Leader Mitch McConnell (R-KY) stated that "The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new President.” This statement has received a great amount of criticism, especially from Democrats. Many, including both presidential candidates Hillary Clinton and Bernie Sanders, have spoken out against the unconstitutional nature of this plan. In the Constitution, it is stated as the duty of a sitting President to appoint Supreme Court justices. It would be absolutely ludicrous for the nation to wait roughly an entire year to appoint a new justice. If this were to occur, it would create an unprecedented problem in the judiciary branch: that of a 4-4 tie between the nine justices. If the government is to continue to function properly, it is crucial that a ninth justice is chosen as soon as possible.
Furthermore, the unexpected death of Justice Scalia has thrown the Republican Party into a frantic state. Scalia was a key member of the court for the Republicans, being highly outspoken on his conservative stances and constantly holding onto that which he strongly believed in. His death, although, may have a monumental impact on the 2016 election and the current presidential candidates. Some speculate that Scalia’s death will push Republican voters toward Senator Ted Cruz (R-TX) due to his true conservative values and strong religious ideals. Republican candidates, in particular Cruz, have made it a point to demonstrate the importance of the Supreme Court and the Constitution, in general. Conversely, many believe that this could be an opportunity for Hillary Clinton, as well. Clinton, during her campaign, has stressed the importance of the Supreme Court, and she has spoken out against strict, one-sided interpretations of the Constitution similar to that held by Scalia.
In total, if President Obama chooses to nominate a replacement for Justice Scalia anytime soon, it is unlikely that Republican Senators will back it. Even if the majority of more conservative senators rebut this nomination, though, there is a chance that the more moderate senators, those who favor a functioning government over a ceaseless bipartisan struggle, may support it. The Republican Party, at this time, has fully realized the issues that will come about due to Scalia’s death. However, if the Republicans truly insist on waiting to appoint a new justice until a new president is inaugurated, then it may bring the entire judiciary branch to a standstill until early 2017.
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