In this country of ours there are ways to ensure that the system keeps ticking. If the president dies, then the vice takes his position, and if the vice dies as well then the Speaker of the House gets the job. If the Speaker dies, generally, the number two of the party in power takes the helm until another is picked. If the Chief Justice dies, then another is picked by the president. Just like a regular Justice, but with the Supreme Court, the decision becomes pure politics.
Barely a minute after Antonin Scalia’s death was announced the Republicans said that they won’t confirm an Obama pick, and the Democrats said that it is their duty to confirm anyone the president nominates. Both are pure high power politics at their best/worst.
Mean while on social media the left was celebrating Scalia’s death, and the right was scared that the conservative court would be damaged forever.
Unfortunately for everyone, everyone is right, at least if you ask them. Would it be best if Scalia’s seat is filled right away? Depends on who you ask. Can the courts work with only eight justices? Yes, they have mechanisms for that. Does the Senate have a duty to confirm an outgoing president’s nominee, per the Constitution? No, because no time frame is given, so they can sit on their butts if they want to. Should they in general? There are two thoughts on this, the majority party and the minority party, and which party does the president belong to.
That’s it. There is only one definitive answer in all of this: the Supreme Court can still do it’s work. In the case of a tie decision, the lower courts decision stands, but is not settle law. All this means that the average joe will keep living, like always.
For those that want to know, the longest vacancy in the court was during Taylor’s presidency, for a total of two years. Just think how annoying that would be with the 24 hour news cycle.
My own feelings on the matter are split. Why? Because I have some conservative sympathies, but my head knows it doesn’t matter. Heck, look at the liberal decisions the court has made in the past couple years. Also, I don’t care about the abortion debate, didn’t have a true opinion on gay marriage, just glad it’s finally decided one way or the other. I guess the latter explains my stance. Tell me the rules to live by, and I will, because I don’t want to go to jail. That’s it, jail bad, and the debates are annoying. Too bad they are so fascinating that I can’t look away.
Well, either way here’s to you, Justice Scalia! You gave us all something to talk about while you preformed your duty, and that continues in your passing.