Justice Antonin Scalia's death is a test for the American political
system — a test it's unlikely to pass.
The test
is simple. Can divided government actually govern, given today's more polarized
parties? In the past, it could. In 1988, a presidential election year, a
Democratic Senate unanimously approved President Ronald Reagan's nomination of
Anthony Kennedy to the Supreme Court. The Senate wasn't passive; it had
previously rejected Reagan's initial nominee, Robert Bork, and his second
choice Douglas Ginsburg dropped out of the running. However, it ultimately did
its job — even amidst an election and divided party control of the government.
But
moments after reports first filtered out of Scalia's death, and with no
knowledge of who President Obama planned to name as Scalia's replacement,
senior Republicans said they wouldn't even consider an appointment from Obama,
despite the fact that he has almost a year left in his presidency.
Ted Cruz
was first to voice this opinion, but it was Senate Majority Leader Mitch
McConnell's statement that carried the most consequence. "The American
people should have a voice in the selection of their next Supreme Court
Justice," he said. "Therefore, this vacancy should not be filled
until we have a new president."
The
American people, of course, already did have a voice in the selection of
Scalia's replacement. They reelected Barack Obama to office in 2012. But they
also made Mitch McConnell majority leader in 2014.
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