This past Saturday, U.S. Supreme Court Justice Antonin Scalia passed away at the age of 79. He was known for being a stalwart conservative on the bench who disagreed with topics such as the Affordable Care Act, affirmative action and immigration reform. He was lauded by conservatives across the country for his staunch views, whereas he was mocked by liberals for being a grandfatherly curmudgeon against social progress. But despite what the public thinks about Scalia, the need to fill his vacancy could prove beneficial for President Barack Obama's administration.
When a Supreme Court justice dies, it is the responsibility of the sitting president to nominate a replacement. This responsibility is usually a very controversial one, as the sitting president is likely to nominate a justice who shares the political views of their party. For example, since Obama has been in office, he has nominated Justices Sonia Sotomayor and Elena Kagan, both of whom are extremely liberal in their policies and interpretation of the Constitution. However, Obama has only 10 months left in his tenure in the oval office.
This could be Obama’s final legacy—a Supreme Court willing and able to champion liberal beliefs for much longer than his final 10 months in the Oval Office. Before Scalia’s death, there were five justices appointed by Republican presidents and four appointed by Democrats. Because Scalia passed away during the tail end of Obama’s tenure, Obama will be able to appoint a liberal justice to the bench and give the Supreme Court a liberal majority. However, this tiebreaker could lead to a long-lasting change in the tone the Supreme Court takes when trying cases.
A liberal majority in the Supreme Court could be massively influential for upcoming terms, with cases regarding affirmative action, union dues and the death penalty in line for consideration. With a liberal majority, the Supreme Court could usher in a new wave of social progress, making the lives of people across the country change for the better.
However, this possibility of a liberal majority has Republicans shaking in their boots. As news broke of Justice Scalia’s death, the controversy over who should be able to nominate a replacement—Obama or his (potentially Republican) successor—shook the political realm. At the Republican presidential debate Saturday evening, five out of the six candidates called for Obama to not have the right to pick the next justice, or for the Senate to block his pick and delay the nomination until a new president is in office. Presidential candidate and current Senator Ted Cruz (R-TX) tweeted that “Justice Scalia was an American hero. We owe it to him, & the Nation, for the Senate to ensure that the next President names his replacement” and claimed in interviews following the debate that he would “absolutely” filibuster any candidate Obama brought to the Senate.
It is not only absurd but laughable that Republicans want to freeze the Supreme Court by waiting almost a year to nominate a successor for Justice Scalia. If the Senate were to selfishly delay the appointment of a new justice with their fingers crossed that a Republican would come to the White House, they would be thwarting justice for Americans everywhere just so they could get their way.
While nobody’s death should be celebrated, Justice Scalia’s death left a shiny ticket to social progress in its wake. If Obama is able to nominate a justice to the bench, this new Supreme Court will be heralded in history books for centuries to come for having the bravery to start ushering in a wave of social acceptance.
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