Supreme Court Justice Antonin Scalia may be gone, but his impact on American politics is still very much alive. The passing of the beloved constitutionalist is already changing the 2016 conversation, as conservatives buckle down for one of the greatest tests of their leadership. Just yesterday, the president threw down the gauntlet over Scalia's replacement, replying that "no," he would not be appointing a moderate to the Court to gain Republican support. "I'm going to present somebody who indisputably is qualified for the seat and any fair-minded person, even somebody who disagrees with my politics, would say would serve with honor and integrity on the Court," he said.
But as we know from the president's past appointments, honor and integrity in interpreting the Constitution is another matter entirely. As Andrew McCarthy points out on NRO, "The justices chosen by President Obama and the Democrats may be very good lawyers, but they have been selected because they will be reliable votes in favor of left-wing outcomes. That is politics, not law... Since Democrats have turned the Supreme Court into a political institution and we want it to be a legal institution, why should we pretend to entertain President Obama's nominee?" Certainly, President Obama has the authority -- and, some would argue, responsibility -- to submit a nomination to the Supreme Court. But that doesn't mean the Senate has the duty to confirm it. On the contrary, the Senate's duty is to act as a check on the executive branch's power. And if the nomination is a political one, as the president conceded with his "this would be a deciding vote" statement, then Republicans are under no obligation to rubber-stamp it.
"We are not evaluating a lawyer," McCarthy warned, "we are deciding whether Democrats get another vote on a nine-member super-legislature." With nothing less than the future of constitutional governance at stake, Republicans must hold their ground and fight -- or cede the GOP nomination to Donald Trump. To capitulate is only to fuel the disdain Americans feel for both political parties.
As I talk with GOP members of the Senate, I'm encouraged to hear that most are ready to stand against the political bullying of Minority Leader Harry Reid (D-Nev.). It won't be easy, but there's no greater way to honor Justice Scalia's legacy than showing the same tenacity that characterized it. In the meantime, you can honor Justice Scalia too by paying tribute to his memory at the Supreme Court on Friday. There's no greater way to show the nation how deeply you feel about him and his successor than joining the crowds of mourners in showing your deep respect to a true American patriot. For details, click here.
