The big news this past weekend was that Supreme Court justice, Antonin Scalia, died while on vacation in West Texas. We know it’s bad taste to speak ill of the dead, but Scalia was one of the worst justices ever. The Citizens United vs the FEC and the McCutcheon vs the FEC decisions, which pretty much legitimized the United States as a corporate oligarchy, were two of the worst in the past 100 years and it was because of Scalia and his four conservative activist cohorts on the bench. The news of Scalia’s death was barely even announced over the wires and the Republican crybabies were already whining, crying and politicizing the event. Even the clowns at the Republican Con-a-thon 2016 debate made an issue about it Saturday night.
And why were they crying? Because that’s what modern conservative Republicans do? Well…yes… but also because thanks to a little thing called the Constitution, President Obama gets to select the next Supreme Court Justice, who will most likely lean to the left, thus disrupting the conservative’s hold on the Supreme Court ever since good ol’ Dubya appointed Roberts and Alito to the bench during his term as President. This has upset conservative Republicans so much, that some are suggesting foul play in Scalia’s death, even though the cause was listed as a heart attack from natural causes.
The Senate Republicans have all claimed that the next President should appoint the Supreme Court justice, which will politicize the upcoming election, which may work to the conservative Republican’s advantage. They have also vowed to obstruct any selection Obama makes which may work against the Republicans in the election.
There is precedence here. In 1988, which was an election year, President St. Ronald Reagan appointed Anthony Kennedy to the bench and called for “prompt hearings conducted in the spirit of cooperation and bipartisanship.”
There’s also the U.S. Constitution which states quite clearly in Article 2, Section 2, Clause 2:
“He[the President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”
Since Barack Obama’s second term as President doesn’t end until January 20th 2017, that means he’s still President and he “shall appoint Judges of the Supreme Court”. NOW!!!! Even former justice Sandra Day O’Connor has spoken up and said that the Senate needs to put on their big boy pants and do this. It’s interesting that Republicans like Ted Cruz and Mitch McConnell, who claim to worship the Constitution, conveniently ignore it when it appears they’ll not get what they want…like the goddamn little crybabies they are.