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Anna Ayers

Closer Than They Appear: Supreme Court vacancy blocking hurts more than just Scalia's legacy

Senate Republicans are calling for Obama to opt against making an appointment.

U.S. Supreme Court Justice Antonin Scalia sat on the highest bench in the land for 30 years. He heard and ruled on cases ranging from prison sentencing to Gitmo detention and marriage equality. Often taking a hard, conservative constitutional stand, Justice Scalia served his country for decades with a dignified, though often wolfish, stance. With his service in mind, as well as the atrocious political climate of late, those in the U.S. Senate trying to block the appointment of Scalia’s replacement ought to be ashamed of themselves. For anyone to abuse the rights of any government branch and by extension, the U.S. Constitution, is not only wrong but also is a smearing on Scalia’s legacy. 

The court’s current makeup, with the vacancy still unfilled, reflects four nominations by a president of each party. However, the justices do not always rule on their assumed beliefs and are widely considered politically impartial in many ways. 

A large group of Senate Republicans have proclaimed repeatedly that not only is it wrong for President Obama to nominate another justice, but that if he does they will stonewall such action. Those objections come only due to the current election year and a supposedly “understood” rule that a president should not replace a justice if they are in the final year of their term (a blatant disregard for the Constitution). That rule not only does not exist in any official capacity, but has been “broken” (if a pretend rule can even break) many times by Republican presidents and Senators alike. 

By blocking a nomination, the Senate would not only be childishly abusing its powers, but it would do so with a clearly misguided understanding of the court’s purpose. This past week the court voted to temporarily block a Louisiana law regarding abortion clinic regulations. The decision, in favor of the more “liberally minded” argument to block the law, was made with one dissenting vote. That near-unanimity is evidence that even in regards to issues like abortion rights, having another conservative vote might not always make a difference.

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So, while Republican senators, still squabbling over not letting the makeup of the court change, remain stuck in their inflexible conservative ways, a great portion of the country, including the Supreme Court, will continue to broaden their minds and sharpen their values.

Anna Ayers is a freshman studying journalism and finance. Should President Obama fill the U.S. Supreme Court vacancy? Email her at aa183414@ohio.edu.

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