Justice Antonin Scalia enjoyed his well deserved reputation as the most conservative member of the U.S. Supreme Court, but he drew influence for his deliberations more often from the U.S. Constitution than he did from partisan ideology. That same Constitution now instructs the president to nominate a justice to fill the vacancy left by Scalia, who died Saturday at the age of 79.
So there is some irony in the Republican U.S. Senate leadership’s vow to reject any replacement suggested by President Barack Obama.
U.S. Senate Majority Leader Mitch McConnell has said the nomination to replace Scalia should be left to the person who succeeds Obama next year. McConnell is joined by most of his Republican colleagues, including U.S. Sens. Richard Burr and Thom Tillis of North Carolina.
Given the poisonous atmosphere of American politics these days, the pre-emptive strike should hardly be a surprise. But it is a disappointment, nonetheless.
Former President Ronald Reagan, a Republican, nominated Anthony Kennedy during Reagan’s final year in office. A predominantly Democratic U.S. Senate confirmed the nomination, 97-0. Life and government went on, as they should.
Blindly rejecting an Obama nominee – before the president has even suggested one – tells Americans that Republicans do not care much about impartial justice. They just want their guy – or gal – on the bench.
That will not stop Obama from submitting a nominee. Nor should it. He would be shirking his constitutional responsibility otherwise.
Surely, that is something Justice Scalia would have understood, even if Senate Republicans don’t.
http://www.rockymounttelegram.com/opinion/our-views/vow-reject-nominee-ignores-constitution-3139197