In the interest of full disclosure, I stipulate upfront that
I have been a Democrat since the difference between the two parties was
explained to me when I was about 10. I
will further stipulate that I may be best described as a bleeding heart liberal. With that out of the way, I feel I can present
a few political observations. This blog is, after all, about the stuff of life and
politics affects our “stuff” in ways we are not always even cognizant of.
In this age of social media, I do not know a single person –
myself included – who has not lost a friendship over politics. It also affects families and can strain
already emotionally fraught relationships to the breaking point. Politics invade our bedrooms as well as our
laws. It sits at our dinner tables like
an unwelcome guest. It can take our
children from us either with alienation or with war. Politics is serious stuff. Some try to opt out by refusing to discuss
it or even become educated on the issues, but no one can escape its
ramifications.
Justice Scalia died this weekend leaving a vacancy on the
high court and a convoluted path forward.
The way such a vacancy on the Supreme Court is supposed to be filled is
by the sitting President nominating a jurist and the Senate confirming or
blocking the nomination. Within hours of
Scalia’s death, Senate Leader Mitch McConnell stated that the Senate would not
hold hearings on anyone President
Obama nominates because he wants to wait almost a full year until after the
election when a new President will be named and inaugurated in January of 2017. The current slate of Republican candidates,
who could agree on nothing else during their debate that evening, agreed with
McConnell.
In contrast, President Obama praised Scalia during comments
he made and said he would fulfill his constitutional duty to nominate someone
to fill the empty slot on the bench. His likeliest nominees are all moderates.
Most pundits believe it is unlikely that his nominee will be confirmed. This is
where politics gets interesting.
If no one is confirmed, the high court is split and any 4-4
tie results in the lower court’s latest ruling remaining in force. This will benefit the left and the right, but
not equally. More left-leaning rulings
are up for review. So refusing to
confirm a moderate candidate might be counterproductive for the right.
Another scenario is for Obama to read McConnell’s statement
as pure obstruction and go around him with a recess appointment. This would likely work and Obama has used his
executive powers more in recent months.
He could appoint a wild progressive to the court this way, especially if
he waits a bit so that the Senate would be unable to challenge his
appointment. This is, I think, unlikely,
though tempting.
Of course, the Senate can do exactly what they have
threatened to do, not hold hearings on any proposed jurist. That’s a risk. People already view this Congress as the
least productive ever. Also, there is no
guarantee a Republican will win the presidential contest. Should either Sanders or Clinton win, a
liberal nomination would be assured and in the unlikely event that the Senate
remains red, they would be forced to finally hold hearings and rapidly fill the
vacant post, even if with a liberal.
Then there’s the irony inherent in the Republican proposition
that since Scalia was a purist, or textural in his interpretation of the
Constitution, any replacement should be likewise. A pure reading of the part of the
Constitution that spells out how Supreme Court vacancies are to be filled flies
directly in the face of what they have said they would do. There is no mention of any continuing legacy
of a deceased jurist, only that the sitting President nominates and the Senate
confirms. There is no language that can be construed to make any exception for
an election year. So in defense of the
most purist of interpretations, the Republicans are willing to impute meanings
not written in the Constitution they say they are defending.
Sigh.
No matter what the Republicans do, they will likely cause
harm to themselves, but they are determined to thwart Obama at every possible
turn, regardless of the cost. I think
most Americans find that offensive. We
need a government that does not grind to a halt when one side or the other does
not get its way. We need a full
court. We need a passed budget. We need to pay our debts. We need to respect each other’s differences
and beliefs. That should be the stuff of
politics.