On Saturday, February 13th, 2016, Supreme Court Justice Antonin Scalia was found dead. Shortly after the news broke, Senate Majority Leader Mitch McConnell declared that President Obama shouldn’t be allowed to replace the Supreme Court Justice. In a statement posted to his Facebook page, he said, “The American people should have a voice in the selection of their next Supreme Court justice. Therefore, this vacancy should not be filled until we have a new president” (Source). The White House responded by saying that President Obama will in fact name a replacement for Justice Scalia. This case is heating up to be a major political topic over the next several weeks, months, or even possibly the next year, so here’s what you should know about it.
Who Exactly Was Justice Antonin Scalia?
Justice Scalia was nominated to the Supreme Court in 1986 by President Ronald Reagan, and was confirmed with a Senate vote of 98 to 0. His judicial policy was firmly originalist, meaning that he sought to interpret the Constitution as the founders intended when it was written. (As opposed to the idea that it is a living document that must change meaning with the changing times). He was known for being very conservative, though sometimes his court decisions went against his beliefs in favor of remaining true to the meaning of the Constitution. (Source)
What Does His Death Mean?
Justice Scalia was one of the most conservative members of the Supreme Court, which (after his death) is now evenly divided between Republicans and Democrats. President Obama has the chance to shift the court liberal again with a nomination—that is, if the Republicans in the Senate let him. (Source)
How is a New Justice Chosen?
According to the U.S. Constitution, the president “by and with the Advice and Consent of the Senate…shall appoint…Judges of the Supreme Court.” Basically, upon the resignation or death of a Supreme Court Justice, the President names his choice for a replacement. Then, the Senate must confirm that nomination. If the Senate rejects a nominee, the President must choose another replacement.
During the confirmation process, the Senate Judiciary Committee runs background checks and reviews the nominee’s records. They then question witnesses, and those who oppose the nominee can delay the nomination by requesting additional information or time.
Then, they take the nomination to the full Senate for a vote. The Senate debates the nomination until there is a unanimous vote to end debate and vote on the nominee. If a Senator objects to unanimous consent, there must be a cloture motion to end debate, requiring 60 votes. Finally, the Senate can vote on the nominee. (Source)
So, What are the Republicans Doing?
According to Mitch McConnell’s statement, the Senate Republicans (who have a majority in the Senate) plan to block any nomination, regardless of who it is. As you can see from the process described above, there are many ways the Republicans can slow down and stop the nomination process, so it is a definite possibility, though fairly unprecedented. By doing this, the Republicans are betting on taking the White House come November so that their party can nominate the next Supreme Court justice. If they successfully block all nominations, this will certainly become a huge issue in the election.
And What Are President Obama’s Options?
President Obama said that he will name a replacement for Justice Scalia, as is within his right since he is still president until January 20th, 2017, when the new president is inaugurated. He could choose a very moderate justice, which would cause the Republicans to look rash if they automatically block the nominee or persuade them to confirm the nomination. His other option would be to choose a really liberal nominee, as a symbolic choice, in order to fire up the Democratic voters and count on the Democrats to win the presidency this November.
So that’s the short of what’s going on with Justice Antonin Scalia’s death and the appointment of a new Supreme Court justice. Hopefully this helped clear up how exactly the process works. It’s likely to stay an issue for a long time, so we’ll just have to wait and see how it plays out!
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