The U.S. Supreme Court, Scalia's Death, and His Replacement

Throughout the history of this country, the Supreme Court has had its factions and divisions, with the differences usually falling along the lines of the political parties with their views on society and governance.  Often the Court has been slanted heavily to one side or the other...but in recent years it has been divided pretty much evenly...well, as evenly as an odd number of justices could make it.  Five-to-four rulings have predominated, with Justices Roberts and Kennedy usually making up the swing votes.  But now, with Justice Scalia's recent death, the division between "conservatives" and "liberals" is a deadlocked four-to-four.  And President Obama is in position to change the ideological balance, even if he gets a moderate nominee confirmed...Scalia was the strong voice of the conservation faction. 

Those in the political world, almost all being Republicans or conservative independents, treat Scalia's passing as if it will permanently affect the composition of the SCOTUS.  But several of the justices are in their advanced years, including some liberals appointed by Democratic presidents.  Ruth Bader Ginsburg has certainly had her share of health issues, and is viewed by some as the next justice to leave the Court.  We don't know who will win this November's presidential election, but it is almost a sure bet that the winner, possibly a Republican, will be picking her successor.  And if it IS a Republican, then we'll be hearing the same worries about the ideological balance being upset...except that it will be coming from the Democrats.

There is plenty of time this year for the President to present a nominee to the Senate and let the process go through.  The Republicans have a solid majority there and can choose to accept or reject the nominee, who I hope will be someone acceptable as a reasonable choice.  There are a couple of lower court judges already confirmed by this Senate...and I don't discount the idea of the President picking a moderate senator...even a Republican...for the vacant Supreme Court seat.  Whatever his pick, though, this president needs to be more engaged in the process and be willing to meet and discuss this important nomination in a spirit of cooperation with the key senators involved, especially those in the Judiciary Committee...

If the Republicans in the Senate choose to stonewall Obama's nomination until after the election, they risk having to deal with another Democratic president...and that president's nominee may be much further to the left that what President Obama may have offered.  And also, should they refuse to deal in good faith with Obama, this issue could prove to be a major rallying point to get Democratic voters to the polls this November.  I'd like to see a qualified, centrist nominee get confirmed quickly in order to defuse this standoff and allow the Supreme Court to continue its deliberations with a complete roster of nine justices...