One is supposedly not to speak ill of the dead, but I (and, I imagine, many classes of disadvantaged and disenfranchised in this country) would be dishonest if I didn’t mark the death of Antonin Scalia with some satisfaction. And I take a particular pleasure in the fact that this longest serving judge on the court and its most influential and outspoken conservative (if not reactionary) took his final bow on Pres. Obama’s watch. With any luck, we can gain some relief from a quarter-century of the execrable and intellectually damaged originalist school of thought he championed, which led to outcomes so pleasing to conservatives. Here’s a trip through prior FmH pieces on Scalia’s uniformly unflattering legacy.
(And what in the world is the shiftless Clarence Thomas going to do without his guidance?)
Vox has by far the consistently best roundup and explanation of the issues engendered by his death. Here is a sampling:
The fight over Obama’s next Supreme Court nominee will be the most politicized and high-stakes nomination fight in decades. Replacing Antonin Scalia will be a profound test of the American political system. With Scalia’s death, the Presidential race is a referendum on the Supreme Court.
Antonin Scalia’s death could lead to more 4-4 ties. Here’s what happens if it does.
The death of Justice Antonin Scalia has forced partisans to become experts on Supreme Court history. But, despite the so-called Thurmond Rule, at least 14 Supreme Court justices have been confirmed during election years.. In fact, Scalia himself was appointed by Pres. Reagan in his last year in office. Mitch McConnell: “this vacancy should not be filled” until 2017. The Senate’s top Democrat: that’s “shameful.” Hillary Clinton: Republican calls to leave Justice Scalia’s seat vacant “dishonor our constitution”
Scalia’s sudden death — and the chaos it’s about to cause — makes a strong case against lifetime appointments to the Court. Time for term limits for Supreme Court justices.
Who will Obama choose to replace Antonin Scalia? Here are 7 of the strongest candidates. Place your bets now. I went to college with Merrick Garland but I think the likelihood of the sole white male on the list getting the President’s nod is pretty low, although he is one of the candidates more palatable to the likely rabid Senate opposition.
