Liberals aren’t just dancing on Justice Antonin Scalia’s grave because he’s conservative. They’re doing it because Obama and liberals have a chance for the first time in decades to own the Supreme Court. The 5-4 conservative to liberal split we’ve been seeing in defending the first amendment (Citizens United v. FEC) and the second amendment (Heller v. District of Columbia) is now set to switch, or in some cases become 6-3 depending on which side of the toast Anthony Kennedy’s ego gets buttered on any particular day.
Given what is at stake, the importance of this cannot be overstated. It doesn’t have to be a fait accompli that the Supreme Court is now owned by the left because Barack Obama is still president. There are some inconvenient truths about this that I’m sure liberals aren’t going to like very much.
1. The president doesn’t get to own the selection process:
Obama has fooled a lot of
people ignorant liberals with the way he has grabbed power over the last 7 years, but the legislative and executive branches of government are co-equal. Obama is allowed to nominate judges and his role in the process ends there. The Senate is to give “advice and consent” to the nomination, and that in NO WAY means they are obligated to confirm just anyone the president wants.
The country duly elected a GOP majority in the Senate and that carries the same ammount of weight as the fact Obama is the duly elected president. Obama can nominate some constitution shredding leftist tyranny cog to be the deciding vote on abolishing the Bill of Rights, but an elected Senate that opposes the president’s ideology has every right (and it’s expected, frankly) to shoot down every single
leftist nomination Obama submits.
2. This is not unprecedented as many liberals are trying to say it is:
The longest vacancy in the court’s history is 27 months:
(B)etween the Tyler and Polk administrations before the Civil War. Tyler, derided as “His Accidency,” because he was the first vice president elevated to the White House, also holds the distinction of a record eight nominees rejected or withdrawn.
Additionally, the longest vacancy since the court went to nine justices is 391 days (per the NPR link above)
After Abe Fortas resigned from the court in 1969, Richard Nixon’s first two attempts to replace him were narrowly rejected in November of 1969 and April of 1970. That means if Obama doesn’t get a nominee through, the next president would have until March 12, 2017, before the vacancy record would be broken.
3. Democrats who criticize the GOP for blocking Obama’s nominations are massive hypocrites:
In 2007, Chuck Schumer called for every single nomination by President Bush to the Supreme Court to be blocked for the remainder of his presidency. He even pledged to personally be the obstructionist.
Furthermore it stands to reason that the way the GOP handles Democratic appointments to the judiciary in general is at a minimum comparable to how Democrats handle Republican appointments. Of course, it’s ok for Democrats to block, but (per the article) when Republicans do it they’re “politicizing” the courts.
As liberals in the majority in congress love to remind conservatives, as they ram their anti-freedom agenda down the country’s throat, elections have consequences. If Obama wants to be the one to replace Scalia then he needs to nominate someone a Republican controlled Senate will confirm. Period.
Scientists will have a better chance of discovering time travel, or unicorns that fart rainbows, or Joe Biden’s brain.
If I were the GOP I would make this a national issue, and one of THE central campaign issues this year, not just for the presidency but for every single down-ticket race as well. Even with a media that is totally hostile to the Republican Party, it could work.
Based on the outcome of the election the next president and Senate can replace Scalia accordingly.
This puts a lot faith in the American people, as it should. If America wants a constitutionally renegade leftist court then the country should be made to vote for it.