Saturday, Supreme Court Justice Antonin Scalia unexpectedly died. With his death, the Court lost what one observer said was the most important jurist of the second half of the 20th-century. His death should be an occasion for great tribute and reflection on an amazing career. The focus should be on the career of an unparalleled judge that was an intellectual giant with with a colorful personality. However, the political world has pivoted with breakneck speed towards the reality in which it dwells - who will be the replacement for Justice Scalia and who should do the nominating.
Antonin Scalia was born to Sicilian immigrants and grew up in Queens. The devout Catholic received a Jesuit education at Georgetown before entering Harvard Law School. He worked as a lawyer in Cleveland before entering academia in Virginia. He was nominated to the Court in 1986 by President Ronald Reagan and unanimously confirmed by the Senate. Prior to, he had worked within the Nixon and Ford administrations. His impact was felt immediately. Less than a decade on the bench, Sen. Joe Biden of Delaware said that of all of his 15,000 votes he had cast, his biggest regret was in confirming Justice Scalia because "he was so effective."
Justice Scalia declared himself an originalist, a textualist when deciding cases. He considered it his goal in life to reinforce the Constitution as it was originally designed and written. A judge should do no more or less. He was bombastic, sarcastic, biting and had the ability to reduce the arguments of lawyers before the bench into a jumbled mess. His rapier wit was seen most often in his interactions with the aforementioned lawyers as well as in his decisions - particular when he wrote for the dissent. His writings on the Affordable Care Act in dissent should be required reading for those who feel the law is dull or not relevant.
Some people loved him, others feared and hated him - mainly because they could not out think or out maneuver his points. He was seen by many who did not know him as only a conservative judge who saw things through that prism. However, he called himself neither a conservative or liberal - simply constitutional. He was also not afraid of others who held differing opinions. His long-lasting friendship with colleague Justice Ruth Bader Ginsburg, a noted activist judge, was testimony to his love of debate. One law clerk, who Justice Scalia often referred to as his token liberal, said the judge insisted that he needed minds like the clerk to debate his positions - he needed the intellectual challenge to make sure his points were on target.
Now that this historical figure has passed, the political reality does not allow for proper mourning or honoring. The Senate Republicans have said that nothing will be done in the way of confirming or hearing a new appointee until the next president is in place. The Democrats, led by Harry Reid of Nevada, have insisted that President Obama should nominate a replacement for Justice Scalia and that the Senate has a Constitutional duty to honestly and in full-faith consider such a candidate. While I would never side with Harry Reid on purpose, it does seem a bit childish for the Republicans to refuse to hear a candidate from the president.
However, the Democrats are being disingenuous. Their shameful behavior when President Reagan appointed Robert Bork is a great example. So, I'm more than a little cynical and suspicious by the "outrage" of the Democrats. The Republicans, on the other hand, are at a precipice. Several senators, led by Marco Rubio of Florida, have stated that there is no way that the upper house will consider a nomination. What happens if the president proposes a moderate? The Republicans stand to lose - not just in the precipitous fall in public opinion of the Senate but also in the general election in November. The party needs to tread carefully.
Justice Scalia was a giant of a man - intellectually, influentially, judicially. Justice Ginsberg said that his critiques made her a better judge. The two, diametrically opposed to one another, were nevertheless close colleagues and friends. They typified what is possible even though political differences are sharp. The last thing the Republicans need is to act petulant. Mimicking the poor behavior of politicians past is not a recipe for any kind of success. They should do their jobs, do it with honor and the public will follow.
Antonin Scalia was born to Sicilian immigrants and grew up in Queens. The devout Catholic received a Jesuit education at Georgetown before entering Harvard Law School. He worked as a lawyer in Cleveland before entering academia in Virginia. He was nominated to the Court in 1986 by President Ronald Reagan and unanimously confirmed by the Senate. Prior to, he had worked within the Nixon and Ford administrations. His impact was felt immediately. Less than a decade on the bench, Sen. Joe Biden of Delaware said that of all of his 15,000 votes he had cast, his biggest regret was in confirming Justice Scalia because "he was so effective."
Justice Scalia declared himself an originalist, a textualist when deciding cases. He considered it his goal in life to reinforce the Constitution as it was originally designed and written. A judge should do no more or less. He was bombastic, sarcastic, biting and had the ability to reduce the arguments of lawyers before the bench into a jumbled mess. His rapier wit was seen most often in his interactions with the aforementioned lawyers as well as in his decisions - particular when he wrote for the dissent. His writings on the Affordable Care Act in dissent should be required reading for those who feel the law is dull or not relevant.
Some people loved him, others feared and hated him - mainly because they could not out think or out maneuver his points. He was seen by many who did not know him as only a conservative judge who saw things through that prism. However, he called himself neither a conservative or liberal - simply constitutional. He was also not afraid of others who held differing opinions. His long-lasting friendship with colleague Justice Ruth Bader Ginsburg, a noted activist judge, was testimony to his love of debate. One law clerk, who Justice Scalia often referred to as his token liberal, said the judge insisted that he needed minds like the clerk to debate his positions - he needed the intellectual challenge to make sure his points were on target.
Now that this historical figure has passed, the political reality does not allow for proper mourning or honoring. The Senate Republicans have said that nothing will be done in the way of confirming or hearing a new appointee until the next president is in place. The Democrats, led by Harry Reid of Nevada, have insisted that President Obama should nominate a replacement for Justice Scalia and that the Senate has a Constitutional duty to honestly and in full-faith consider such a candidate. While I would never side with Harry Reid on purpose, it does seem a bit childish for the Republicans to refuse to hear a candidate from the president.
However, the Democrats are being disingenuous. Their shameful behavior when President Reagan appointed Robert Bork is a great example. So, I'm more than a little cynical and suspicious by the "outrage" of the Democrats. The Republicans, on the other hand, are at a precipice. Several senators, led by Marco Rubio of Florida, have stated that there is no way that the upper house will consider a nomination. What happens if the president proposes a moderate? The Republicans stand to lose - not just in the precipitous fall in public opinion of the Senate but also in the general election in November. The party needs to tread carefully.
Justice Scalia was a giant of a man - intellectually, influentially, judicially. Justice Ginsberg said that his critiques made her a better judge. The two, diametrically opposed to one another, were nevertheless close colleagues and friends. They typified what is possible even though political differences are sharp. The last thing the Republicans need is to act petulant. Mimicking the poor behavior of politicians past is not a recipe for any kind of success. They should do their jobs, do it with honor and the public will follow.
