Never before have we witnessed a time when public officials who took an oath to uphold the U.S. Constitution have shown so little regard for it.
Almost a week ago, news of the passing of Supreme Court Justice Antonin Scalia stunned people across the nation. Equally stunning, we’ve since heard repeated calls to prevent President Barack Obama from nominating Scalia’s replacement to the bench.
Within hours of the news of Scalia’s passing, Senate Majority Leader Mitch McConnell (R-Ky.) pledged he would not allow the U.S. Senate to consider a nominee until President Obama leaves office. Since then, others in his party have taken up his argument.
Any argument in support of waiting nearly a year before filling the late justice’s seat is misdirected and ill-informed.
It is the president’s Constitutional duty to nominate a replacement in a timely manner, as spelled out in Article II, Section 2, Clause 2 of our nation’s guiding document. In the same clause lies the duty of Congress, as well.
“[H]e shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States…”
With 11 months left before a new president is sworn in, there is clearly time for a confirmation process that commonly takes less than three months. It is equally clear that voters have already voiced their preference in who should nominate Justice Scalia’s replacement, electing President Obama by decisive margins.
Eleven months is also to long a period of time to let the court sit with a vacancy, especially at a time when important matters await the court’s judgment.
Cases heard by this court may have to be re-argued next term. Opinions are still pending on cases involving voting rights (Evenwel v. Abbott), affirmative action (Fisher v. University of Texas), religious freedom (Zubik v. Burwell) and women’s rights (Whole Woman’s Health v. Hellerstedt).
President Obama should select his nominee. Congress should then do its Constitutional duty.
The nation’s highest court should not be held hostage by petty politics. The threat of running out the clock on an Obama nominee is an insult to the President and voters. It does a disservice to the Court and, by extension, Justice Scalia’s legacy.
Metro Louisville Elected Black Officials include:
Senate Democratic Caucus Chair Gerald A. Neal
State Rep. Darryl Owens
State Rep. Reginald Meeks
David Tandy, Metro Council District 4
David James, Metro Council District 6
Cheri Bryant Hamilton, Metro Council District 5
Jessica Green, Metro Council District 1
Mary C. Woolridge, Metro Council District 3
Barbara Shanklin, Metro Council District 2
Jefferson County Judge Executive Queenie Averette
Beverly Burton, Shively City Council
Chester L. Burrell, Shively City Council
Maria Johnson, Shively City Council