It goes without question that we are all witnessing a historic presidential primary season and potentially a historic election.
The race has taken on a new context following the untimely death of Antonin Scalia, Associate Justice of the Supreme Court. He was an intellectual scholar, champion of the conservative perspective, a constitutional originalist and the court’s most outspoken justice. A local connection that some may be aware of is his tenure as a law professor at the University of Virginia.
The President has indicated that he intends to nominate someone to send to the Senate for a vote to fill the vacant seat. As with most issues these days, the lines have been drawn along partisan sides and the question, of course, is: Should the President offer a nominee now to fill this vacancy during his final year and in an election year?
Many have argued that “precedent” should be the deciding factor and not whether the President has the constitutional power to offer a nomination and call for a vote in his final year in office and during an election year.
A fair question for the President and the Senate to consider is this: If the President were a Republican and the Senate were controlled by Democrats would the current opinion be the same on BOTH sides. If the question is answered honestly, then everyone’s mind and conviction on this issue should be very clear.