With the recent death of U.S. Supreme Court
Justice Antonin Scalia, the presidential campaign under way has descended into
chaos. What had been regarded as a
five-to-four court is no more. With
President Obama’s statement that he will soon submit his choice for a
successor—requiring Senate confirmation—Republican Senate leaders are in a state
of bewilderment as to how to handle such a nomination.
The Court is now inexorably split along partisan
lines. Justices Ginsburg, Sotomayor,
Breyer and Kagan may be expected to consistently cast their votes favoring
Democratic policies, whereas Justices Roberts, Thomas, and Alito invariably
side with the Republican points of view—often leaving moderately conservative Justice
Kennedy as the swing vote. All
controversial political decisions will likely split on a four-to-four vote,
meaning no effective Supreme Court action on anything controversial. And of course, this is the way judicial
decisions are traditionally determined. In
analyzing the legality of any contentious matter, biases are dredged up and
past experiences revisited, as each jurist ruminates on what he or she personally
favors. This is how precedents are
established and the U.S. Constitution interpreted. Whatever our Founding Fathers had envisaged as fundamental principles of sound
government has been long buried in the ash heap of the past.
My advice to Republican leaders: Review the
record of whomever the President nominates to replace Justice Scalia and,
unless the choice is thoroughly objectionable, approve confirmation. The alternative may be far worse, for in the
event the Republican Party selects—as is quite possible—a buffoon as its presidential
nominee, it could result in the election of both a president as well as the senate
majority from the Democratic Party. In
this case, all judicial appointments for at least the next four years will be
of persons whose attitudes conform to those which Republicans generally oppose.
Lest any of you think otherwise, I don’t
consider our country or its laws to be in any way inferior to those found
elsewhere. Injustices that occur in our
established hierarchy and which strain the social fabric are merely the end
product of a society of flawed humans.
Despite our imperfections, we’ve developed a remarkable nation and a set
of laws and procedures which are the envy of the world. That we haven’t achieved perfection can’t be
blamed on anyone in particular.
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If you enjoy this
weekly Straight Talk by Al Jacobs, you’re invited to check out my monthly
Financial Newsletter, as well as my new book, The Road to Prosperity
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