With the death of one of the most influential jurists of the century, a vacancy has appeared on the Supreme Court. Having laid Justice Scalia to rest, the political world now turns its attention to finding his replacement.
As your high school civics teacher would love to remind you, the president chooses a nominee that must then be confirmed by the Senate. All this takes is a simple majority, though Senate rules technically mean a nominee could be stopped by 41 senators.
Let’s make sure both sides are honest on whether or not they’re playing politics.
Due to the tremendous affect the Supreme Court can have on the nation’s political development, Scalia’s replacement could shift the Court left for the first time in more than a decade or shore up conservative legal victories for the foreseeable future.
This matter becomes more contentious with an executive and Senate of opposing parties. After the news of Scalia’s passing broke, Republican Senate Majority Leader Mitch McConnell declared any Obama nominee DOA.
Not surprisingly, and not incorrectly, President Obama claims that Republicans are playing politics by refusing to entertain even the idea of allowing him to nominate a replacement.
However, it is disingenuous not to acknowledge Democrats are playing politics as well. Such is the way of Washington, D.C.
Democrats have argued the Supreme Court will be unable to attend to its full docket of cases, and with an even number of members, might end up with ties in important cases.
But if Obama, in his wisdom, was so worried about this, he could simply appoint a strong conservative candidate he knows the Senate GOP would support.
Both sides are playing politics and will continue to do so.
On Thursday, Senate Minority Leader Harry Reid held a press conference in front of the Supreme Court building telling Republicans to do their job.
This begs the question: What is Senate Republicans’ job? Reid seems to think it is to keep business flowing in Washington.
But if we remember back to 2014, voters intentionally sent senators of the opposite party to resist Obama. If voters wanted what Reid is demanding, surely they would have kept their previous senators that had been more in line with Obama for the last six years and allowed Democrats to retain control of the Senate.
A Congressperson’s job is to represent his or her voters, and it sure seems like the voters wanted a counterbalance to the man in the Oval Office.
Showing remarkable care for the future of their political rivals, Democrats also point out that some polls show a majority of this or that category of voter thinking the Court’s vacancy should be filled immediately.
Anyone who wants to rely on polls six months out from an election would be wise to remember recent history, when another senator from Vermont was down 30 points to his rival in New Hampshire with virtually no name recognition.
With the Supreme Court having recently weighed in on everything from affirmative action to gun control to abortion, it makes sense politicians are so concerned with the ideological makeup of it.
Instead of pretending like this is some sort of high-minded, apolitical process, all players should instead be honest and make their case for why their agenda is best served either by waiting or confirming a nominee this presidential term.
zaochamb@indiana.edu
