The death of Supreme Court Justice Anthonin Scalia has created confusion and conspiracy theories. The Republican party appears more concerned with naming his replacement than honoring the longtime Associate Justice. Appointed to the Court by President Ronald Reagan in 1986, Scalia was described as the intellectual anchor for the originalist and textualist position in the Court's conservative wing.
Four out of the past seven funerals for a Supreme Court justice have either had the president or vice president in attendance. Vice President Joe Biden will attend Scalia's funeral at the Basilica of the National Shrine of the Immaculate Conception. President Obama and the first lady will pay their respects on Friday when Scalia's body lies in repose in the Great Hall of the Supreme Court building.
Scalia joined the majority per curiam opinion in the 2000 case of Bush v. Gore, which effectively ended recounts of ballots in Florida following the 2000 US Presidential election. “We were the laughingstock of the world. The world's greatest democracy that couldn't conduct an election. We didn't know who our next president was going to be. The lengthy transition that has become standard when you change from one president to another could not begin because you didn't know who the new president was going to be.”
Not a whole lot has changed. The Republicans want President Obama to sit this one out, and they will make the call next January for a replacement to the nation’s highest court. On February 17, 1986, Scalia's nomination was confirmed him 98–0, creating the first Italian-American Justice.
The president shall nominate a replacement, and the Senate, through its powers of advice and consent, should approve or disapprove that nominee based on his or her merits.
Six Republican presidential candidates faced off for a debate in South Carolina Saturday night. The only thing missing was a boxing ring. It is a lock that the confirmation won’t be unanimous. It will be a miracle if there is a vote taken at all.
“The more things change, the more they stay the same.”
Paul Murphy
Follow me on Twitter at @_prmurphy
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