First and foremost, condolences to the the Scalia family. It is hard enough to deal with the loss of loved ones, then to hear Washington pick it up as a political tool is sad, at a minimum. God bless the Scalias. May you feel of the thoughts and prayers of a grateful nation for the service Antonin provided.
While not everyone agreed with Justice Scalia and his positions on the law, it is clear that his colleagues respected his intellect and good nature. There are many who are critical of his voice, but that is the beauty of our governmental structure. Our Founding Fathers knew first hand that it is impossible for everyone to agree all the time.
As for the hypocrisy, it does not lie in Justice Scalia as much as it does in the White House, Congress and of the campaign trail. The hypocrisy lies in the fact that had the political persuasions that occupy the three branches of government been reversed, they would have all flip-flopped as to what is the proper way to address the situation at hand.
That said, President Obama has an obligation to the citizens of the United States to appoint a new Justice. The sooner the better. The High Court deserves to be fully staffed. He ought to be careful and thoughtful as to who he appoints. Making the appointment a political pawn could go either way, a benefit or a disaster for Democrats running for office.
Republicans on the other hand have the same challenge facing them. With a press corp that generally leans left in its perspectives and reporting, it makes the political beast of nomination and whether or not to vote a bit more challenging for the GOP. Nonetheless, an up-down vote is a must. The GOP cannot afford a filibuster.
The selection of a Supreme Court Justice should not be political, but driven by the ability of the appointed individuals to make clear, rational and logical analysis of the legal arguments placed before them. They must also have shown a reluctance to legislate from the bench. That responsibility belongs to the other two branches of government.
In days long gone by, back room negotiations would occur that would allow for debate, disagreement and ultimately compromise. And while compromise is often viewed as a bad word, in the political world it really means coming to terms with the fact that you don’t get everything you want, but find a way to get what you need and give the other side the same.
It would be nice to see the Obama administration and the GOP led Senate get together and advice, appoint and approve a qualified individual for the the Supreme Court. An individual who has a significant track record for logical, insightful decision making based on the law and not one looking to legislate from the bench. Otherwise, the hypocrisy of Washington continues on the coat tails of Scalia’s legacy.