Vow to reject nominee ignores Constitution

Published February 17, 2016

Editorial by Rocky Mount Telegram, February 16, 2016.

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

February 17, 2016 at 9:08 am
Richard L Bunce says:

Balance of power between the three branches. USSC can rule anything the other two branches do unconstitutional and stop them from doing it. Only the President can nominate a Justice. Only the Senate can confirm a justice. Senators using their advise and consent power are advising this President to not nominate someone in the last year of his term and that if he does they will not consent to the nomination. They are not ignoring the Constitution... in your example perhaps just ignoring the recent practice of the Senate.

February 17, 2016 at 1:08 pm
Donald Byrd says:

So how many cases that are before the court are cases that Obama has caused, basely Obama is being sued. SO yes I am sure he wants to pick the next person. Have you thought of that? I guess not.