Andrew Leach
4320
Rhetoric of Supreme Court Appointments
10/4/16
Why Supreme Court Nominations Matters
One of the hottest topics both sides of the debate with the upcoming election is has to do with who will be appointed the new Justice on the Supreme Court. After Justice Scalia’s recent death the seat has been left vacant and the question remains who will choose the person to replace him. If Hillary wins the election she will undoubtably nominate a liberal to server which will cause a liberal majority in the Supreme Court. If Trump wins the balance will be tipped in the other direction.
http://www.wsj.com/articles/presidential-election-will-shape-supreme-court-and-national-policies-for-years-to-come-1469207258
What Is Going to Happen
However, a Washington Post op ed says that if the senate ultimately refuses to vote on nomination this constitutes as a waiver of the Senate’s “confirmation” power and President Obama can nominate the person he has said he would nominate, Merrick Garland. However, this argument is incorrect because there are ways that the Senate can delay this decision such as through filibusters, voting against it, or simply doing nothing. Ultimately this means the nomination will be determined by the next president.
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/04/11/can-president-obama-appoint-merrick-garland-to-the-supreme-court-without-the-consent-of-the-senate/?utm_term=.d02f8ea64590
What Does This Mean For Government
Overall, this election is even more important than the last few elections primarily because of the appointment of a new Supreme Court Justice. This country was built on a system of checks and balances designed to keep the branches of government, and essentially the political parties, from becoming to powerful. This election, and who the winner appoints as the new Justice is going to be a deciding factor, for better or for worse, on balance of power this country.
I completely agree that this is one of the hottest topics of debate. Without question, what’s going to happen when it comes to appointment will be of utmost importance. The appointment of a new Supreme Court Justice certainly adds a whole new dynamic to this election. Time will tell who gets to make the decision. The rhetoric behind the process will undoubtedly prove to be crucial.