
If Antonin Scalia were ever uncertain about anything, he certainly has all the answers now.
He always thought he was the smartest dude in the room, and there’s certainly no denying his intellect. But that powerful engine was buried to the driveshaft in June 21, 1788, when the Constitution was ratified, and as the nation whose legal foundation it was changed with the times he declined to change with it. An “originalist” indeed. You’d think the thing had been carved into stone tablets and fetched down from Sinai.
Predictably, before the body had cooled the GOP leadership was insisting that the prez follow their lead and not do his job, which includes nominating a new member of the Supremes.
“Leave it to the next president!” the Elefinks trumpet. Um, no. This one was elected to the job, twice, and last I looked he hadn’t cleaned out his desk yet. And the Constitution is pretty clear on the division of labor here, in Article II, Section 2:
The President … shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for. …
The Senate can certainly continue to ignore its duties, for which it should be roundly punished at the ballot box. But the prez seems inclined to shoulder his burden, and thus we continue to see the irresistible force doing battle with the immovable object.
One wonders what the Pachyderms are thinking here, or if. Is this a simple knee-jerk reaction to the man Turtle wanted to make a one-term president? Are they confident that a “reasonable” Establishment Republican (Bush) can take the Oval Office in November and tilt the Court further rightward? Maybe they think they can muscle a prez named Trump, Cruz or Rubio into doing their bidding (maybe yes with the latter, but good luck with the other two).
I’m surprised they’re not shitting themselves at the thought of the Hilldebeast filling that vacancy, or Comrade Eeyore. Were it me pulling those big red levers in the Senate, I’d be inclined to cut a deal with the fairly centrist fellow who has the gig now.
As for Scalia, well, he died as he lived, a creature of the elites, in a 30,000-acre West Texas resort where the rooms start at $350 a night and the little people are kept far, far away.
“If your goal is to get away and not be bothered and be in the lap of luxury,” [Marfa city attorney Teresa] Todd said, “it’s the perfect place.”
Scalia has gotten even farther away from us now. As to whether he’s being bothered, or reclining in the lap of luxury, well, that’s a question for the theologians, not lawyers or journalists.


