February 18, 2016

Antonin Scalia’s Successor

Few people in modern history have fulfilled their oath to “preserve, protect and defend the Constitution” more than the late Justice Antonin Scalia. Scalia was so well respected that the Senate voted 98-0 in 1986 to confirm him. These days it would be difficult to get a unanimous vote in support of Mother’s Day. It doesn’t take a fortune teller to predict the scenario that would present itself if the political dynamics were reversed and a Republican president were in the White House with a Democratic Senate majority. Democrats would be demanding no justice be confirmed until the next president takes office and they would make it a major campaign issue. That is what Sen. Charles Schumer (D-NY) said in 2007: “We should not confirm any Bush nominee to the Supreme Court, except in extraordinary circumstances.” That was 19 months before the 2008 election. It is a little more than eight months away from the next election.

Few people in modern history have fulfilled their oath to “preserve, protect and defend the Constitution” more than the late Justice Antonin Scalia.

Scalia was so well respected that the Senate voted 98-0 in 1986 to confirm him. These days it would be difficult to get a unanimous vote in support of Mother’s Day.

It doesn’t take a fortune teller to predict the scenario that would present itself if the political dynamics were reversed and a Republican president were in the White House with a Democratic Senate majority. Democrats would be demanding no justice be confirmed until the next president takes office and they would make it a major campaign issue. That is what Sen. Charles Schumer (D-NY) said in 2007: “We should not confirm any Bush nominee to the Supreme Court, except in extraordinary circumstances.” That was 19 months before the 2008 election. It is a little more than eight months away from the next election.

The president is not about to nominate a conservative and should not be expected to. Will he pick someone who is a closet liberal, daring the Senate to reject that person, or will he choose an openly liberal person and challenge the Senate to block his nominee?

If ever there was a time for Senate Republicans to stand firm, this is it. Initial signs are good. Senate Majority Leader Mitch McConnell (R-KY) issued a statement that the next justice should not be confirmed until after a new president takes office. Senate Judiciary Committee Chairman Charles Grassley (R-IA) said much the same.

Some are speculating that President Obama, who quickly announced he will name a successor to Scalia “in due time,” might try to make a recess appointment after the current Senate session expires January 3, 2017, should the Senate refuse to confirm his nominee. How long would such a justice serve, and who would decide? When President Eisenhower appointed William Brennan to the court during a congressional recess, Brennan stayed for nearly 34 years.

For the Left, this is an opportunity to impose a liberal agenda on the nation for perhaps as many as 40 years. For the Right, it will determine whether conservatives will have the power to stop an agenda they believe is proving ruinous to the country — economically, legally and morally. The stakes could not be higher.

Justice Scalia summarized his constitutional philosophy in a May 2011 interview with California Lawyer magazine:

“Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t. Nobody ever thought that that’s what it meant. Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey, we have things called legislatures, and they enact things called laws. You don’t need a constitution to keep things up-to-date. All you need is a legislature and a ballot box. You don’t like the death penalty anymore, that’s fine. You want a right to abortion? There’s nothing in the Constitution about that. But that doesn’t mean you cannot prohibit it. Persuade your fellow citizens it’s a good idea and pass a law. That’s what democracy is all about. It’s not about nine superannuated judges who have been there too long, imposing these demands on society.”

It will be difficult for a Republican president to find someone as good as Scalia. If President Obama puts another liberal on the court, tipping its balance, that person is likely to undo all that Scalia has done to honor the Constitution.

The Senate should push the hold button and let the presidential candidates take it to the people to decide in November. Justice Scalia would have approved of such an approach.

© 2016 Tribune Content Agency, LLC.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.