Senate Republicans evade their constitutional duty

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.

Advertisement

The Progressive Midwesterner’s 2014 Person of the Year: U.S. Supreme Court Associate Justice Ruth Bader Ginsburg

I promised you that I would pick someone very notorious to be The Progressive Midwesterner’s 2014 Person of the Year.

Well, I’m proud to announce that my 2014 Person of the Year is…Ruth Bader Ginsburg, an Associate Justice of the U.S. Supreme Court.

Justice Ginsburg, widely thought of as the most liberal of the nine justices on the conservative-controlled Supreme Court, has earned a loyal following among progressives, feminists, and reproductive rights supporters after the conservative majority on the court ruled that businesses owned by people who want to shove their religious beliefs down the throats of their employees, such as the arts and crafts store chain Hobby Lobby, could deny their employees health insurance coverage of contraception, even if they have a medical need for it. Ginsburg, in her dissenting opinion of the Burwell v. Hobby Lobby decision, blasted the court’s conservative majority for allowing employers to shove their religious beliefs down the throats of their employees:

The reason why is hardly obscure. Religious organizations exist to foster the interests of persons subscribing to the same religious faith. Not so of for-profit corporations. Workers who sustain the operations of those corporations commonly are not drawn from one religious community. Indeed, by law, no religion-based criterion can restrict the work force of for-profit corporations. […] The distinction between a community made up of believers in the same religion and one embracing persons of diverse beliefs, clear as it is, constantly escapes the Court’s attention. One can only wonder why the Court shuts this key difference from sight.

Ginsburg earned such a loyal following among progressives, feminists, and reproductive rights supporters in this country after her blistering dissent of Burwell v. Hobby Lobby, she became known as The Notorious RBG, and “join the dissent” became a rallying cry for supporters of women’s rights.

For bravely standing up to a conservative majority on the U.S. Supreme Court that has dismantled religious freedom and has tried to take reproductive rights away from women, U.S. Supreme Court Associate Justice Ruth Bader Ginsburg has earned my 2014 Person of the Year award.