Unforeseen Death of US Supreme Court Justice Scalia Will Have Profound Effects

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(Creative Commons)

(Creative Commons)

By Britt Nelson

Editor’s note: The views expressed by guest columnists are not necessarily those of The Costa Rica Star, its advertisers, or its staff.

Fallout from the unforeseen death of U.S Supreme Court Justice Antonin Scalia will have profound effects on this year’s campaign for president as the Republican controlled U.S. Senate vows to block any nomination to the high court from President Obama.

In the blink of an eye — the entire issue of who will replace Justice Scalia has become 100-percent political.

Watching these developments from Costa Rica leaves expats shaking their heads and wondering what other surprises will surely come along in this hot political season.

During the recent Republican debate in South Carolina on Feb. 13, the same day Scalia, 79, was found dead in his bed while he was on vacation at a hunting lodge in Texas, the candidates were unanimous in declaring war on President Obama’s U.S. Supreme Court nomination to replace the current longest serving member of the high court — originally appointed by then Republican President Ronald Reagan in 1986.

The Republican South Carolina primary is set for Feb. 20, while the Democratic South Carolina primary is Feb. 27. This week candidates on both sides are holding town hall meetings and political rallies across the state, but the Scalia vacancy on the U.S. Supreme Court dominates the rhetoric.

The latest South Carolina polls conducted by Real Clear Politics show that billionaire Republican Donald J. Trump is ahead of his closest competitor Texas Sen. Ted Cruz, 36 percent to 19 percent. While Democratic candidate Hillary Clinton is ahead of Vermont Sen. Bernie Sanders 62 percent to 32 percent.

Because of Clinton’s lead in South Carolina polls, she took her campaign on Monday to Nevada the site of the next caucus votes on Feb. 20 for Democrats and Feb. 23 for Republicans.

Scalia was known as a conservative justice, with the makeup of the high court five conservatives to four liberals. With Scalia gone that leaves the high court split down the middle, so no wonder this opening on the court has become so political so fast.

“Delay, delay, delay,” said candidate Trump, during the debate. “It’s up to Senate Majority Leader Mitch McConnell and everybody else to stop it.”

Democrats, however, were also quick to denounce statements made by the Republican candidates and incumbent senators about the Scalia vacancy.

Sen. McConnell, of Kentucky, has said, “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.”

Democratic U.S. Senate Minority Leader Sen. Harry Reid, of Nevada, commented, “It would be unprecedented in recent history for the Supreme Court to go a year with a vacant seat. Failing to fill this vacancy would be a shameful abdication of one of the Senate’s most essential Constitutional responsibilities.”

Democratic candidate Clinton has said, “The Republicans in the Senate and on the campaign trail who are calling for Justice Scalia’s seat to remain vacant dishonor our Constitution. The Senate has a Constitutional responsibility here that it cannot abdicate for partisan political reasons.”

This situation may backfire on Republicans opposing President Obama’s high court nomination as 24 Republican senate seats are up for reelection this year, including two that have announced their retirement. On the Democratic side 10 senate seats are up for reelection, including three that have announced their retirement.

Currently, Republicans hold 54 U.S. Senate seats to the Democrats 44 seats, with two independent seats in Vermont and Maine with one each.

On all fronts, U.S. Senate change is in the air. The numbers could swing in either direction during the upcoming Nov. 8, 2016, stateside national election. Democrats may win back both houses of the U.S. Congress and keep the presidency. Republicans may keep their majorities in both houses which would make a Republican president more powerful and able to pass legislation despite Democratic opposition.

At this point, it’s worth noting that three U.S. Supreme Court judges are downright elderly — Justice Ruth Bader Ginsburg is 82, Justice Anthony Kennedy is 79 while Justice Stephen Breyer is 77. Not far behind is Justice Clarence Thomas at 67.

With all this turmoil — the U.S. Supreme Court still has plenty to do this year like affirmative action, abortion, contraception, union rights and voting rights.

Another U.S. Supreme Court death — before the 2016 election — would cause a tailspin for the high court, President Obama, the candidates for president and the U.S. Senate, which is constitutionally required to replace a U.S. Supreme Court justice without undue delay after a nomination is made by the president.

Up for grabs, this election year, are all three branches of U.S. government – the U.S. Congress, the presidency and now the Judicial due to Scalia’s passing.

Assistant District Attorney Alex Sharp, of Palatka, Florida, gave the following thoughtful summation of the implications involving Scalia’s death:

“A little civics lesson to my more liberal friends on the recent death of Justice Scalia and the positions being drawn on his replacement. The U.S. Constitution is perhaps the best-drafted and written form of government any nation ever conceived. Each branch of government — Legislative, Executive, and Judicial — were designed to be dependent and limited by the others. Don’t think our founding fathers were unaware of partisanship,” said Sharp in a Facebook posting.

“To the contrary they anticipated it. Our three branches of government were never meant to operate with one being dominant and the other two subservient, to the contrary. The U.S. Constitution forces them to reach compromises and engage in meaningful concessions to each other. This notion that it is Obama’s manifest destiny to appoint his third Supreme Court justice, regardless of the U.S. Senate’s position is ludicrous and not constitutional in the slightest. Chew on that. We were meant to fight, disagree and argue over policy, appointments, and the law. That is the inherent beauty and endearing quality of a 200-year-old plus document that is the foundation of the United States of America. If not, we would have reverted to a monarchy and I would not have the freedom to even dare write this thought and share it.”

In this political year, surprises are the name of the game. What’s next? Who’s in? Who’s out? It’s all anybody’s guess.

Editor’s note: The views expressed by guest columnists are not necessarily those of The Costa Rica Star, its advertisers, or its staff.

About the author
Britt Nelson relocated to Costa Rica in 2011 from Florida, where he served as news editor for the Palatka Daily News, a newspaper owned by the New York Times Regional Newspaper Group (NYT-RNG) for 20 years.
Nelson served the NYT-RNG for 18 years in Tennessee, Kentucky, Virginia, North Carolina and Florida as a correspondent, reporter, staff writer, senior staff writer training new reporters, copy editor, page designer, editorial writer, editorial page editor and editorial board member.
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