The death of Supreme Court Justice Antonin Scalia on February 13th was news that brought more attention than the loss of a celebrity, but it was also a major national controversy concerning Constitutional rights.
Justice Scalia has been part of SCOTUS since the mid 80’s when President Reagan appointed him. In addition to being one of the longest-serving justices, he has also been considered one of the most conservative justices ever and faced many criticisms regarding his decisions. These include District of Columbia vs. Heller, where he stated in 2008 that a law requiring firearms to be non-functioning in homes went against the second amendment. He also claimed that same sex marriage was a “threat to American democracy” in the 2015 decision on Obergefell v. Hodges, which eventually legalized it nationwide. He received major criticism when writing in an address, “today’s decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court. The opinion in these cases is the furthest extension in fact – and the furthest extension one can even imagine – of the Court’s claimed power to create ‘liberties’ that the Constitution and its Amendments neglect to mention.”
For a quick refresher from AP Government, the appointment is the duty of the current president. He can choose whomever he wants as the next justice, and the House and Senate then confirm this individual. It is considered a major part of a president’s legacy if he or she is able to appoint a justice (Obama appointed two: Kagan and Sotomayor during his first term as president).
The Breakdown of the Current SCOTUS
- Sonia Sotomayor: Appointed in 2009 by Obama
- Elena Kagan: Appointed in 2010 by Obama
- Ruth Ginsburg (RBG): Appointed in 1993 by Clinton
- Clarence Thomas: George H.W. Bush in 1991
- Chief Justice John Roberts: 2005 by George W. Bush
- Samuel Alito in 2006 by George W. Bush
- Stephen Beyer in 1994 by Bill Clinton
- Anthony Kennedy in 1998 by Reagan
The death of a Supreme Court justice who was representative of conservative values also adds complications to the situation. Now there are four Republican and four Democratic justices, creating a split among votes. This means that if there are any split decisions before the new justice is appointed, the decision goes to the lower courts. With Obama’s low approval ratings, the Republicans, who carry the majority in the House, believe that if they band together, they can refuse to approve whomever Obama nominates. Thus, they can put off until the potential Republican president is elected. Until then, however, there could be a difficult lockup when it comes to making decisions for the country, especially during a time of major political change.