The death of Supreme Court Justice Antonin Scalia this past Saturday began a tidal wave of arguments, uncertainty and questions.
The responsibility to elect a new justice falls to the President. However, Republican candidates immediately said that President Obama should not nominate a new justice since this is his last term.
Supreme Court Justices serve until they die or retire and justices are rarely nominated by presidents who are on their last term.
Presidential candidate and Senator Ted Cruz said on Twitter that, “Justice Scalia was an American hero. We owe it to him, & the Nation, for the Senate to ensure that the next President names his replacement.”
Former Secretary of State and Democratic presidential candidate Hillary Clinton immediately slammed the Republicans saying in a statement, “The Republicans in the Senate and on the campaign trail who are calling for Justice Scalia’s seat to remain vacant dishonor our constitution.”
President Obama has said in a statement that he would honor his constitutional duty and nominate a new justice while still in office. Republicans fired back saying that they would block every nominee he sent their way.
Senate Majority Leader Mitch McConnell said that, “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.”
There are many speculations as to who the President will nominate and when he will nominate them. However, no decisions have been made as of yet. The reactions have been called ugly on both the left and the right sides. There is a feeling of unrest now that Justice Scalia is deceased. The right-wing is afraid of a liberal justice coming into the court and tipping the scales to favor the liberal side. The left-wing is scared that they will lose their chance to nominate someone that they have the power to chose.
The question of what’s next lingers in the air. There are many undecided cases whose decisions could now be changed due to Scalia’s death. In the Supreme Court, if there is a tie, the decision stays with the lower court’s previous ruling.
One of the biggest cases whose decision could now be changed is the Affordable Care Act. The Supreme Court was set to hear from religious groups who refuse to pay for their employees contraceptives. The outcome is now uncertain and may rely on the lower court’s previous decision.
Most cases are expected to be delayed until a solution is reached on what will happen next. If the Republicans block every nominee that President Obama gives them, the American people will not see a new nominee until the next president is in office.
Conspiracy theories have been running rampant since Scalia’s death. People have speculated that he was murdered after there was no autopsy of his body. “How come there’s been no request for an autopsy even though reports suggest that a Supreme Court Justice was found with ‘a pillow over his head,’ and he died alone without any witnesses. My friends, something stinks,” said talk show host Michael Savage.
Scalia’s personal physician said that Scalia had high blood pressure and was not healthy enough to undergo a shoulder surgery.
Justice Scalia will be remembered for his wit, his genius thinking, and his humor. Fellow Justice Ruth Ginsburg said of Scalia in a statement, “He was a jurist of captivating brilliance and wit, with a rare talent to make even the most sober judge laugh.” Scalia was 79 years old and served on the Supreme Court for 33 years.
Laina Yost
Intern