Thursday, February 18, 2016

Supreme Court Nomination flap

The flap over filling deceased Justice Scalia's Supreme Court seat has become headlines.  Let's take a look at it.  The Constiution gives the Pres. the power to nominate new Justices who must be approved by the Senate.
Nothing wrong with Obama nominating someone. The Senate, should, but cannot be required to hold hearings before Obama's term ends. Delaying and stalling tactics by the Senate have been utilized for partisan purposes for decades by both parties to defeat nominees.  Hypocrisy is the norm in politics in this country.  Few seem to have any principles other than personal, party and/or ideological advantage The only reason the Dems are screaming is because their ox is being gored. 
No court would ever presume to directly order the Senate to do anything.  The problem is that the whole exercise is probably going to end up being a big waste of time and resources and more opportunities for grandstanding by both sides.  Repubs have a 54-46 edge in the Senate and do not appear likely to hold hearings, let alone approve an Obama nominee.  Finally, the time is long past when the Senate and President look for the best qualified 'judge.'  Everyone wants a Justice who is ideologically aligned with them.  That's their main concern.


  1. It seems quite rational to prefer a judge who would be at least somewhat strict as to interpretation of the Constitution, rather than one who would give consideration to "other values" or regard the Constitution as a "living document" and thus subject to opinion polls.

  2. Agreed. Why bother having a constitution if its meaning is open to the latest whims of activist, progressive judges?