Supreme Court vacancy creates clash between the Executive and Legislative; boils down to the political rivalry of Republicans and Democrats

The aftermath of the sudden death of Justice Antonio Scalia puts his vacancy into a Constitutional debate between its co-equal branches - Executive and Legislative - who has the authority to fill such seat.

Senate Majority Leader Mitch McConnell, a Republican member, contended that the incumbent president should allow his successor to appoint the replacement of Justice Scalia.

Backed up by his fellow Republican, Senator Rob Portman said in a statement that the Senate should observe the "common practice" which the President cannot make any appointments during the last year tenure of his office.

As mandated by the Constitution, President Barack Obama stated in a news conference at the close of a two-day meeting with leaders from Southeast Asia, that he will nominate the replace of the late Justice amidst the early statement given by the Republican Senators.

"The Constitution is pretty clear about what is supposed to happen now."

He further added, "When there is a vacancy on the Supreme Court, the president of the United States is to nominate someone. The Senate is to consider that nomination and then either approve or reject the nominee."

In a law review article written by McConnell, he provided that, "The President is presumably elected by the people to carry out a program and altering the ideological directions of the Supreme Court would seem to be a perfectly legitimate part of a presidential platform."

Clearly, the president cannot nominate a judge with an extreme ideological bend and therefore the Senate should leave ideological discretion to the executive office.

However, Obama assured that he will nominate someone who possesses an outstanding legal mind and somebody who cares deeply about democracy and the rule of law.

"I'm going to present somebody who indisputably is qualified for the seat, and any fair-minded person, even somebody who disagrees with my politics, would say would serve with honor and integrity on the court," Obama added.

Senate Democratic leader Harry Reid opined in a Washington Post that if Senate Republicans block consideration of any Obama nominee, "they will ensure that this Republican majority is remembered as the most nakedly partisan, obstructionist and irresponsible majority in history."

While, Republican Speaker Paul Ryan supported the idea of 'blocking' any nominee of President Obama, "The president has absolutely every right to nominate someone to the Supreme Court, but Congress as an equal branch also has every right not to confirm someone."

Jonathan H. Adler, a professor-of-law, opined that the issue was politicalized between the Executive and Legislative because the members of such branch have the partisan political interest to protect.

"This would require both the President and the Senate leadership placing the long term interest of the federal judiciary ahead of their partisan political interests. Of course, that is probably why something like this would never happen."

Obama, as the head of the Executive branch of the government, is a democrat, whereas majority of the members of the legislature are Republicans.

Tags

Barack Obama, Democrats, Republican, Antonio Scalia, Executive, Legislature, Supreme Court, Mitch McConnell

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