On February 13, 2016, just six short days ago, the sudden death of
Supreme Court Justice, Antonin Scalia, shook the Presidential election.
The current Presidential election is certainly interesting due to the
candidates alone; however, the added element of an open seat in the
Supreme Court only created additional complications.
When
President Obama came into office with only one Justice over the age of
80, but the next President will come into office with two justices over
80: Ruth Bader Ginsburg, who is 82, and Anthony Kennedy, who is 79, but
will be 80 by the time of the election. Additionally there is Stephen
Breyer who is not far behind at the age of 77, and of course we still
have the vacancy that was left by Scalia. Because of this, the next
person who comes into office will likely be responsibly for anywhere
from one to four Justices, which could potentially be a major factor in
who is elected our next President.
According to Vox, If Hillary Clinton or Bernie Sanders is elected and have a
Democratic Senate, they will be able to replace Scalia and possibly
Kennedy with solidly liberal justices, ushering in a totally new era of
Supreme Court jurisprudence that could see decisions like Citizens United
overturned. If Donald Trump, Ted Cruz, Jeb Bush, Marco Rubio, John
Kasich, or Ben Carson get elected, they will not only keep Scalia's seat
in conservative hands, they will likely be able to replace Ginsburg and
possibly Breyer too, moving the Roberts court even further to the
right.
As the highest federal court in the United States,
the fact that the next person elected could potentially have a major
impact on four of the nine Justices throughout his or her presidency has
made this a major issue for the upcoming election.
Justices
are all regular people, so naturally they are going to die like all of
us; however, there is a layer of mystery in the death of Antonin Scalia.
His death was completely sudden and unexpected and there was not an
autopsy, so conspiracies immediately were created and began to be thrown
around. According to The New Yorker there are numerous theories: Scalia was killed by Barack Obama, or by Rod
Blagojevich, or by Hillary Clinton; or, veering to the right corner, by
the Bush family, or by Ted Cruz, or by Dick Cheney. Suggested weapons,
in addition to the pillow, include carbon monoxide and poison. Where did
all this come from?
On a radio talk show, Trump was
interview and asked specifically about his thoughts regarding the
conspiracies and the death of Scalia. Though he did not directly confirm
his stance, he heavily implied that he did not believe that this was a
naturally occurring death when he stated "they say they found a pillow on his face, which is a pretty unusual place to find a pillow."
The fact that Trump is reading into the conspiracy theories and not addressing the potential that it was purely a death from old age, could be harmful to his campaign. Again and again, he has said that we have “stupid and incompetent people leading our nation” and that “we need to get a lot smarter.”
Some are accrediting Trump's belief in the conspiracies to incompetence. Based on Trump's statements with the media, his only evidence of Scalia's death not being natural is the placement of the pillow, which seems like an irrational indicator of something as extreme as a meticulously planned murder.
The primary goal of this blog is to address how Trump would affect our nation as President based on his stances and the way that he handles situations. However, in this case it just may be too soon to tell. The death of Scalia leads to heavy questioning about the implications of whether out next leader is a Democrat or Republican, not so much which candidate specifically. At the same time, we cannot rule out the small chance that Obama would rush into naming a new Justice before the end of his presidency.
The stakes are huge, and it will be interesting to see how everything plays out and what will happen regarding the Supreme Court.


You're right, the possibility of replacing up to 4 justices greatly impacts the presidential race. The next President will be put in an extremely powerful position. By nominating this many justices they could largely gain control over the Judiciary Branch. I wonder who Donald Trump would end up appointing.
ReplyDeleteI found this post very informative and engaging. I like the way you went though the current state of the court and laid out some possible scenarios. I'm curious to see, too, if Obama will try and expedite the process and get a liberal justice in. It's daunting to think that 4 of the 9 could be under the sway of whoever gets elected next, especially when that elect could be Trump.
ReplyDeleteThis post gave an excellent overview of the situation that was both easy to follow and very informative. I hadn't heard a lot of the conspiracies surrounding Scalia's death and I had to chuckle at a few. Certainly this has a huge impact not only on the presidential race, but the next administration as well, especially when considering the potential of replacing up to four judges.
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