By now you have probably heard that Supreme Court Justice Antonin Scalia, a man known for his conservatism, died last weekend, leaving a vacancy in the Supreme Court bench. Yet do you know exactly what this means?
This is a big deal, especially for our generation. As justices are appointed for life, whoever fills the vacant seat will serve for many years to come. The appointee will serve as we enter into the work force and start our families.
Therefore, at a time when our nation is divided on many issues, the Supreme Court will play a large role in the policy that will define our futures. Sometimes we forget how much influence the Supreme Court has over the laws of our country, and it is important to remember that they hold one third of the governing power. This means they are just as powerful as Congress.
Scalia is seen as on of the most prominent conservative justices in history who upheld the principles of the Constitution and embodied Reagan’s beliefs. His death is a huge loss to the country, and it means that the Supreme Court’s political alignment could undergo a major shift, thus changing the core principles of our nation.
The court is set to review a greater number of controversial issues than usual this term, including medical regulations of abortion clinics, President Obama’s immigration orders, and non-member fees for unions. This means that Scalia’s death comes at a particularly unique time. Prior to Scalia’s death, the court was composed of five right-leaning justices and four left-leaning justices. Consequently, the new appointee will have immense power over the outcome of these decisions.
If a liberal justice were to fill the vacancy, the balance of the court would be eliminated in favor of the left. Similarly, until a new justice is appointed there is a strong possibility of four-four decisions on some or all of these cases, meaning that the decision is split. If that happens, the ruling made in the lower court will be upheld.
Furthermore, his death occurs just months before President Obama leaves the White House. This is essentially the only time in history that the death of a justice has coincided so closely with the final months of a president’s term. Hence, there is no protocol for this situation, although it seems that it would make the most sense for the next president to fill the vacancy. Even so, President Obama is attempting to fill the seat before leaving office in hopes to create a liberal majority on the bench.
However, it is unlikely that the Republican controlled Senate will approve of any of President Obama’s nominees. If that is the case, it will be up to the next president to appoint a new justice.
Assuming that President Obama is unable to appoint a justice, it makes the presidential race more important than ever. When the nation chooses a new executive in November, this executive will have the power to define the legislative branch. This means that when selecting a presidential candidate in the current primaries, it is crucial that voters look at candidates’ stances on the role of the Supreme Court, their views of the Constitution, and potential nominees. Your vote will directly affect two branches of government, and it is important to understand this fact. It is also worth noting that the next president may also appoint other justices if the situation arises, giving him or her even greater power over the judicial branch.
The future of our nation will be defined by this presidential election and Supreme Court justice appointment. Please carefully consider each candidate’s view of the Supreme Court before you vote. Moreover, please, please vote in the primary!
As a younger generation, the policy interpretation emerging from the Supreme Court is going to have the most significant impact us, especially when our country is at such a defining turning point. This means that it is up to us to vote for our convictions this election and ensure that the next leader we elect will use the immense amount of power he or she holds to create a brighter future for our country.
Brittany Gamlen is a sophomore BIC student majoring in international studies.