With the death of Supreme Court Justice Antonin Scalia, the November election may decide the fate of all three branches of the United States government. That's a pretty unique situation, and it may boost turnout on both sides of the aisle.
GOP leaders led by Senate Majority Leader Mitch McConnell predictably wasted no time in swearing that anyone who President Obama named to replace the late Supreme Court justice Antonin Scalia had zero chance of being confirmed.
Much will be written and said about the career and legacy of Supreme Court Justice Antonin Scalia, who passed away on Saturday. But few have the perspective of Kevin Gutzman, Ph.D., best-selling author of four books, including The Politically Incorrect Guide to the Constitution.
Justice Scalia was the proud possessor of a rigorously textual sense of legal reasoning and a decidedly oversized judicial personality. He was known, by friend and foe alike, as the promoter of a novel approach to judicial decision-making known as originalism.
Scalia, as befits someone with more than three decades of service on the high court, leaves multiple legacies. But the coarsening of our public dialogue with regard to constitutional debate stands out.
Dear Mr. President, please appoint Elizabeth Warren to the Supreme Court before the end of the week. She's earned it. She deserves it. And she'll be so, so good at it.
Even numbered years are tough on the country. Someone somewhere is running for office and that always seems to start a vicious tug of war between governing and politics. Every four years being a presidential year simply adds more weight on the political side of the game.
Almost immediately upon hearing the shocking news that Supreme Court Justice Antonin Scalia had unexpectedly died Saturday, Senate Majority Leader Mitch McConnell said he would not permit the president to fill the court seat. This is a new one.
The sudden death of Supreme Court Justice Antonin Scalia sent shockwaves through the political process. Arguably more shocking than the death of a 79-year-old man from a heart attack was the immediate "spin" from Senate Majority Leader McConnell's office.
I will not apologize for wanting to see another woman on the Supreme Court. I will not apologize every time I support a female candidate for office. And I sure as heck will not apologize any time I call out the sexist attitudes that are still so deeply ingrained in our culture when we talk about these topics.
There is no basis for claiming that Scalia's originalist method is more "objective." His method relies on certain suppositions just as much as any rival method of constitutional interpretation and, if anything, the suppositions of the originalist view are more questionable.
Despite knowing President Barack Obama has the right and obligation to nominate Scalia's successor, all the Republican presidential candidates and many others on that side of the aisle have called for the [resident to defer nominating anyone for a year so the next president can make the selection.
Scalia promoted anything but justice in his opposition to the Voting Rights Act and affirmative action, women's reproductive freedoms, and in particular, the rights and freedoms of lesbian, gay, bisexual, and trans* people.
Their immediate, unjustified, and wholly partisan warning to the president not to nominate a successor to Scalia was disgraceful. It reveals the Republicans' utter commitment to their own power, regardless of how it shreds the American political tradition.
The U.S. Constitution, Article 2, Section 2, Clause 2 says presidents nominate justices to the Supreme Court. It says the president SHALL and does not say MAY. This means it is not an option.