Earlier today, U.S. Supreme Court Associate Justice Antonin Scalia died. Even though I strongly disagreed with the vast majority of Scalia’s opinions, I offer my condolences to Justice Scalia’s family.
However, Republicans who hold the majority in the U.S. Senate, including Senate Majority Leader Mitch McConnell (R-KY) and presidential candidates Marco Rubio (R-FL) and Ted Cruz (R-TX), couldn’t wait for Scalia to be cremated before showing that they are more than willing to evade their constitutional duty, with McConnell flatly saying that the Senate should wait until a new president is in the White House before confirming a new Associate Justice of the U.S. Supreme Court.
This stands in sharp contrast with President Barack Obama, who intends to fulfill his constitutional duty by appointing a new associate justice to this country’s highest bench, even if Republicans obstruct his nomination.
By fulfilling one’s constitutional duty, I’m referring to, in this specific instance, Article II, Section 2, Clause 2 of the U.S. Constitution:
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
(emphasis mine; in Article II of the Constitution, “he” refers to the president, regardless of the president’s gender)
The President has the power and constitutional duty to nominate an individual to fill the vacancy on the Supreme Court, however, the Senate has the power and constitutional duty to either affirm or reject the president’s appointment. It’s clear to me that one party to the process to appoint Supreme Court justices intends to do his constitutional duty (the President), whereas the other party does not (the Republicans who control the U.S. Senate).
The Senate is not required to approve of the president’s pick for the Supreme Court vacancy. The Senate can, if they wish to, establish a process to determine whether or not to approve or reject the president’s pick, and can opt to vote the president’s pick down, either in committee or in the full Senate. However, for the Senate to not establish any kind of process for accepting or rejecting the president’s pick amounts to completely evading the constitutional duty of the Senate.
From an electoral standpoint, it would be absolutely foolish for Republicans to obstruct the president’s pick to fill the vacancy on the Supreme Court. If the Republicans go through with their threat to obstruct the president’s pick until, at the earliest, a new president is sworn into office, that would, in effect, put control of both the White House and the Supreme Court on the line in the 2016 presidential and senatorial elections. That is the poker equivalent of going all in with a likely losing hand. This strategy could very easily backfire on Republicans, and they would not like the nominees that either Hillary Clinton or Bernie Sanders (I’m a Bernie supporter) would pick. Hillary would likely nominate Obama to the Supreme Court, and Bernie would probably appoint someone who is ideologically similar to Ruth Bader Ginsburg, the most progressive of the current Supreme Court justices, if not even more progressive than Ginsburg. If Democrats were to retain control of the White House and regain control of the Senate, stalling on filling the Scalia vacancy on the Supreme Court could end up resulting in a more progressive justice than someone that Obama will pick being seated on our nation’s highest bench (I’m guessing that Obama will pick someone to his ideological right for Supreme Court). Furthermore, U.S. Senate races where Republicans are thought to be safe or favored, such as Indiana, Iowa, and Missouri, would become more competitive for Democrats, and U.S. Senate races that are either competitive or where Democrats are favored, such as Illinois and Wisconsin, would become even more favorable for Democrats.
Earlier today, a mass shooting took place in San Bernardino, California. The mass shooting occurred at the Inland Regional Center, a facility for people with developmental disabilities in San Bernardino, California. As of the writing of this blog post, at least 14 people were killed by the perpetrators of the mass shooting.
This is yet another example of lax gun laws in this country allowing people with violent intentions to carry out a mass shooting in America. As someone who has a developmental disorder (Asperger’s syndrome), I find it sickening that a mass shooting was carried out at a place designed to help those with developmental disabilities.
At the other end of the country from San Bernardino, in the New York City metropolitan area, the cover of tomorrow’s New York Daily News will feature the headline “GOD ISN’T FIXING THIS”, as well as tweets from three U.S. Senators who are seeking the Republican presidential nomination (Ted Cruz (R-TX), Rand Paul (R-KY), and Lindsey Graham (R-SC)) and U.S. House Speaker Paul Ryan (R-WI). As an atheist, I fully understand that prayers aren’t going to do a damn thing to prevent mass shootings in this country. Only implementation of common-sense gun safety and gun control measures, such as universal background checks on all gun sales, closing the gun show loophole, and banning the sale of assault weapons will prevent mass shootings from occurring in this country.