In the wake of the unfortunate passing of Justice Antonin Scalia at the height of election season, the executive and legislative branches of the American government find themselves in quite the scuffle. Senate Majority Leader Mitch McConnell (R-Ky.) does not plan on allowing President Obama to pass a new associate justice onto the court.
The fact that there are candidates running to become the next president of the United States does not invalidate the fact that Barack Obama is our current president. It is an absolute farce that the Republican Party will prevent Obama from naming a new associate justice because they want a potential Republican president to do the job.
The argument that is being made in favor of delaying a new justice onto the next administration is that the United States citizens deserve a say in who is nominated. This argument makes sense but is unnecessary. American citizens had their say on what kind of associate justice they wanted named to the court in 2012 when they re-elected President Obama.
This course of action from the Republican Party could create a ridiculous and harmful precedent for future nominations. Considering how long election season has become, it may soon become nearly impossible for a president to pass an associate justice onto the court, because an opposing congress can claim it should be the potential next president’s decision every time a vacancy occurs.
If the Senate does not allow a new associate justice to be sworn in during Obama’s final year, the time without a ninth member of the court will go well over a year. It could potentially be the longest vacancy in United States history.
Any Supreme Court nominee is going to be highly qualified and deserving of consideration based on his or her merit as a justice. To completely disregard a nominee because it is election season is highly disrespectful and irresponsible of the Senate.
The Constitution was designed with the idea of checks and balances between the three branches of government, but the planned course of action by the Senate is neither a check nor a balance. It is a blatant flaunting of power. Senators are invalidating one of the major tenets of the executive branch and dishonoring the constitution they are expected to uphold.
The United States Constitution obligates Congress to work alongside the president to keep the court filled to the best of its ability. The fact that the Republicans in congress are planning on disregarding this obligation goes against everything they claim to stand for. Republicans are strong supporters of the constitution and constantly defend things such as the Second Amendment in congress, yet they are disregarding an important duty. Their actions are immensely hypocritical and detrimental to the entire American government.
Not filling Scalia’s vacancy in a timely manner is disrespectful to a man who spent his life in service of the country, whether or not one agrees with his policies. He spent decades trying to do what was best for his country, and someone who will continue this work should take his place in an expedient fashion.
Corey Krajewski is Opinions Editor of the
Bona Venture. His email is
krajewcj15@bonaventure.edu
