Supreme Court Justice Scalia’s Death Sparks Replacement Controversy

Supreme Court Justice Antonin Scalia passed away Feb. 13 this year at age 79. After his appointment by former President Ronald Reagan in 1986, Scalia served for thirty years as a proponent of a narrow constitutional interpretation. A believer in preserving the original intention of the constitution, Scalia formulated his policy positions based on the context in which the constitution was written – a stance which gained him widespread support across American conservatives and opposition from liberals. Throughout his career, Scalia applied conservative principles to a wide variety of cases, ranging from election ballot policy to gun rights to same-sex marriage. Scalia aligned with the majority in the controversial Supreme Court case ofBush v. Gore in 2000, which determined that the state of Florida did not have the rights to re-count presidential election ballots. He explained, “The counting of votes that are of questionable legality does in my view threaten irreparable harm to petitioner Bush, and to the country, by casting a cloud upon what he claims to be the legitimacy of his election.” In 2008, Scalia authored the majority decision in the Second Amendment rights case ofDistrict of Columbia v. Heller.Arguing that the Constitution “surely elevates above all other interests the right of law-abiding, responsible citizens to use arms in defense of hearth and home,” Scalia opposed a 1939 Supreme Court case precedent that the Constitution only allowed gun rights for militia members. One of Scalia’s most controversial rulings occurred in 2015, with his opposition to recognizing same-sex marriage as a constitutional right inObergefell v. Hodges. Overruled by five of his fellow justices, Scalia’s dissented on the grounds that the Court’s determination of the Constitutional legality of same-sex marriage across the nation was an overreach of power: “…with each decision that is unabashedly based not on law, but on the ‘reasoned judgment’ of a bare majority of this Court — we move one step closer to being reminded of our impotence,” wrote Scalia. As a result of his conservative position on gun rights, same-sex marriage, and ballot recount rules, Scalia most definitely served as one of the most controversial Supreme Court members. After his death, the disagreement between liberals and conservatives surrounding Scalia has transformed into a conflict as to who will be his replacement. Constitutionally, the current President has the responsibility of presenting a Supreme Court Justice appointment to the Senate, which in turn decides if the individual will be confirmed as a Justice. With just under one year left in his term, Obama has promised to nominate a potential justice before he leaves office. However, Republican Senate Majority Leader Mitch McConnell has urged his fellow senators to block Obama’s appointment,stating, “The American people should have a voice in the selection of their next Supreme Court Justice… Therefore, this vacancy should not be filled until we have a new President.” Without Scalia, the conservatives no longer hold a majority in the Court, making the confirmation of a new Justice particularly significant to both Obama and presidential candidates. In a press conference last Tuesday, Obama stated, “I am going to present somebody who indisputably is qualified for the seat and any fair minded person, even somebody who disagreed with my politics would say would serve with honor and integrity on the court." This article was written by Lizzy Leclaire. Please send an email to [email protected] to get in touch. Photo Credit: Wikimedia Commons