The unfortunate and unexpected death of Supreme Court Justice Antonin Scalia over the weekend has tossed the political world into turmoil over what should be done next. Many in the GOP believe that the next President of the United States should have control over the nominee, while President Obama unquestionably plans on filling the vacancy, saying, “The Constitution is pretty clear about what is supposed to happen now.”
On that point, President Obama is completely correct. The appointment clause of the United States Constitution gives the president the power to appoint Supreme Court Justices with the “Advice and Consent of the Senate.”
Now, it would be one thing if the Senate Republicans decided to at least have a hearing and vote on an appointee; however, they seem to be choosing to abscond from their duty for wholly partisan purposes. Senate members of the GOP seem to have interpreted their duty to advise and work with the president on the nominee from a very imaginative position. They believe that the American people have the right to determine the next justice, and, in a sense, they’re right.
The President of the United States is elected by the people to represent their interests, part of which is filling appointments in various positions of the government. President Obama still holds the office, therefore he is working for the people, no matter how much the GOP would like to say otherwise. He would be in violation of his Constitutional duties and the people of this country to not appoint a new nominee.
As for the duty of the Senate Republicans, their only requirements are to hold a hearing and to work with the President to find a nominee who will receive enough votes from both sides to pass the process. However, by essentially declaring that the role should not be filled until after the next president picks a nominee, the GOP is essentially neglecting their duties as put forth by the Constitution.
That is not to say that the Republicans must pick a nominee put forward by President Obama, but by simply declaring a refusal to hold a hearing, they are in violation of the Senate pledge to “support and defend the Constitution.”
This sort of partisanship on the part of the GOP is an affront to Justice Scalia’s legacy of a more literal reading of the Constitution. The GOP is completely in the wrong in this situation, politicizing an unfortunate death and an important vacancy with the staunch and, frankly, repulsive obstructionism they have become so fond of.
A refusal to even hold a hearing on appointments is simply another reminder of how they prefer ideology to governance and their opinions of the Constitution over the text itself, despite their instance otherwise.
For the sake of Justice Scalia’s legacy, and likely their own, the Senate Republicans should try to govern responsibly and within their duty as to help the nation move forward after the death of such an influential man instead of making us dread the procedural processes of government that we rely on.