Courting Disaster
Could Barack Obama replace Justice Scalia?
By Jeff Knox
(February 17, 2016) On Saturday, February 13, Supreme Court Justice Antonin Scalia died at a West Texas hunting resort, one month shy of his 80th birthday. New York Times columnist Ross Douthat commented, “Politics aside, we should all die full of years, with 28 grandchildren, in our sleep after quail hunting.” But politics was not really put aside for a moment. Justice Scalia led the “conservative” wing of the precariously balanced court and his death immediately raises questions about succession. As we have often reported in recent months, the Supreme Court is, or should be, one of the central issues of the 2016 Presidential Election. The untimely death of Justice Scalia has brought that fact home in a very tangible way.
The two sides of the court have been almost evenly split, with a slight edge to the “conservatives,” for over two decades. On the “liberal side, are Justices Ruth Bader Ginsburg (83), Stephen Breyer (77), Elana Kagan (56), and Sonia Sotomayor (62). On the “conservative” side are Chief Justice John Roberts (61), Samuel Alito (66), and Clarence Thomas (68). Holding the critical “swing” position is Justice Anthony Kennedy (79), who usually leans to the “conservative” side, but often swings to the “liberal” wing, particularly on “social” issues. With Scalia on the court, “conservatives” had an edge, not just in votes, but in intellect, philosophy, and powers of persuasion. Scalia was smart, thorough, extremely knowledgeable, and he wielded significant influence over his fellow justices. No new justice, no matter how qualified, is going to have the respect Scalia had earned.
With almost a year left in his term as President, Barack Obama has the right to nominate someone to fill the vacancy on the court – with the advice and consent of the Senate. With a Republican-controlled Senate, that consent is not going to come easily, especially considering Barack Obama’s record when it comes to taking advice from Republicans.