Scalia’s death adds fuel to political war
February 19, 2016
Nine justices sit on the bench for life, acting as the apolitical branch of the federal government. However, with the death of a justice, the Supreme Court is at once submerged in a highly political affair which determines the fate of the court and therefore an entire branch of the federal government.
With the unexpected death of conservative justice Antonin Scalia on February 13, both President Obama and Congress find themselves waging another battle. The democratic President will persist in fulfilling his constitutional duty in nominating a Supreme Court justice. However, considering the G.O.P holds the Senate, it will most likely refuse to accept the President’s nominee, as is their right according to Adhering to Article II, Section Two, Clause Two of the Constitution.
This issue is paramount. The next justice, the next president, the next Congress, this is the federal government who will be collecting our taxes and governing our world. Students may feel indifferent to the death of yet another old white man in government. But how can one be so apathetic to something that will impact them with such force? What if Obama does not get his pick of justice and the next president is a conservative Republican? Will Roe v. Wade (securing woman’s right to abortion) be overturned? Obergefell v. Hodges (concerning gay marriage rights)? Will Obamacare (providing affordable healthcare) and the Paris Agreement (addressing global environmental efforts) and the Iranian Nuclear Test Ban Treaty (implementing diplomacy with Iran) be unwound? Whether you label yourself as conservative, liberal, moderate, or nothing at all, you are a citizen of the United States of America. What is cemented in Washington develops as your reality.
During the majority of President Obama’s term, the partisanship between the legislative and executive branches has progressed. Many Republicans, including the 2016 presidential candidates, demand that Obama ignore his constitutional duty and allow the next Commander and Chief to fill the spot. This is a poor move by Republicans, especially the candidates, as it makes them look like greedy and uncooperative politicians who are unwilling to set aside party divides for the sake of governmental functionality.
Leaving a vacant seat on the Supreme Court is perilous. There are nine justices to avoid a four-four decision and with cases as delicate and split as the recent Obergefell v. Hodges, an odd number is crucial. Not to mention that by perpetuating the vacancy, the Court would be divided evenly between four Democrats and four Republicans, which furthers issues such as the Court’s recent halting of Obama’s climate change regulation.
Nominating a Supreme Court justice is a privilege many presidents hope for, as it is a rare opportunity to ensure that a sliver of their presidential impact persists even after their term closes. Obama has thus far appointed two justices, Sonia Sotomayor and Elena Kagan, who are Democrats and replaced two Republicans. If Obama succeeds again in passing a justice through the Senate, and a Democrat wins the presidential election, then two branches of the government will be held by the left.
So whomever Obama nominates from his short list, if he does at all, will only add ammunition to the political war raging in brilliant red and blue blood. The death of Scalia has only added to the fire fuming in Washington with the flames spreading through each state.
Pay careful attention to the tactics of the politicians who are attempting to seal the fate of this nation. Every move they make will end up affecting each citizen whether you are aware of it or not. So what should an old, white man’s death matter to you? A great deal. For the next justice- liberal if appointed by Obama, conservative if appointed by a Republican- will be deciding the fate of cases just as controversial as gay marriage and the right to abortion.
Our country may be at war with terrorism, but we are also so focused on fighting ourselves that we have largely forgotten to govern. Yes, we, “we the people in order to form a more perfect union” have forgotten to govern. For we are not a more perfect union yet.