What Would Scalia Do?


The following op-ed piece was written by Professor Thomas Crocker:

President Obama has selected his nominee: D.C. Circuit Judge Merrick Garland. The Republican-controlled Senate has vowed to provide no hearings, no advice, and certainly no consent. This constitutional defiance has been consistent since the hours following the news of Justice Antonin Scalia’s passing. Senate Majority Leader Mitch McConnell as well as Senate Judiciary Committee Chairman Chuck Grassley have made their message loud and clear: No confirmation hearings will happen no matter the exemplary qualifications Garland possesses. Senator Ted Cruz has tethered such resistance to the legacy of Scalia, tweeting: “We owe it to him, & the Nation, for the Senate to ensure that the next President names his replacement.” Along with other Republican members of the Senate Judiciary committee, Cruz argues in a letter to McConnell that their intent to subvert ordinary constitutional process is based on “constitutional principle” and “born of necessity to protect the will of the American people.” They are wrong on both counts, and Scalia, if he were true to his own reading of the Constitution, would agree. <Read More>