“Patriotism is supporting your country all the time, and your government when it deserves it.” — MARK TWAIN
Justice Antonin Scalia, a self-described constitutional strict constructionist, died suddenly in February. The U.S. Constitution requires that “The President shall nominate a replacement.” The senate is to advise and consent to nominees for appointment. President Obama has fulfilled his constitutional obligation by nominating Chief Justice Merrick Garland, of the DC District Court to the U.S. Supreme Court.
Republicans, including Majority Leader Mitch McConnell, have stated that Garland not only won’t be elevated to the Supreme Court, but also that he won’t get a vote, his nomination won’t get out of committee, won’t be considered. Some Republican Senators are saying they won’t even meet with the man. No deliberation is to take place, in defiance of the constitution.
According to the statements made by McConnell, and others, Senate Republicans will not fulfill their constitutional obligation. They need not approve the man – although they certainly should, based on his qualifications. When Merrick Garland was approved for the D.C. District Court, he had bipartisan support. Then, both Chief Justice John Roberts, a Republican appointee to the court, and Senator Orrin Hatch, (R-Utah), spoke in support of Judge Garland.
The constitution does require the senate to deliberate. Republicans, or at least their leadership, refuse to do so in defiance of the constitution. One can wonder what Antonin Scalia might say. Would he hold to strict constructionism, as he so frequently espoused? Or would he perhaps offer something more political, as he did after the Supreme Court ruled that Florida did not need to properly count the votes cast during the Presidential election of 2000? Asked if the Supremes had given the presidency to George W. Bush as a gift, Scalia memorably replied, “Get over it.”
Oddly, the leadership of the Republican Party cite a statement made by Vice President Joe Biden years ago. Biden was a senator then, and chairman of the judiciary committee. He had much to 
say, which is not unusual for him, and one quote is being touted by Republicans as the Biden Rule. The statement made by then Sen. Biden discouraged election year appointments.
Now this remark, elevated by Sen. McConnell to the status of a “Rule,” apparently overrides the constitution. Notably, during Biden’s tenure heading the Judiciary Committee, Republican nominees were given hearings, and votes. And they were confirmed, including Reagan appointee Anthony Kennedy. Kennedy was confirmed during an election year.
Merrick Garland’s achievements and qualifications are unquestioned. He is, by all accounts, not only superbly qualified, but is also a notably moderate choice. If the Republican Party continues to destroy itself, and a Dem wins the presidential election, will the next nominee will be so moderate? Would President Clinton – or President Sanders – nominate someone so reasonable and measured?
