Obama and the Supremes

The shock of the late winter in Washington, D.C., is the death of Justice Anthony Scalia, the intellectual anchor for the conservative wing of the U.S. Supreme Court. Is it important? Will it affect us personally? The answers are "Yes," and "Yes."

The Supreme Court sits at the top of our judicial system with its nine members who interpret our Constitution, ensure the laws of the land are enforced and that individual rights are protected. The Constitution dictates the process of replacing a justice on the highest court of the land. Justices of the Supreme Court are nominated by the president and approved by the Senate. President Obama has stated that he intends to follow the Constitution and nominate a person to replace Justice Scalia. The Republican leadership in the Senate has responded that they intend to delay any approval process until there is a new president in the White House, a period of more than 11 months.

The Republican leadership anticipates that if President Obama appoints a replacement for Justice Scalia, it will be with a person who is more liberal in perspective than the conservative Scalia, and the court balance will swing to the left. Such a swing would result in more liberal decisions by the court.

Why is the replacement of Justice Scalia so crucial? Many of the most important U.S. Supreme Court cases in recent years have been decided by a 5-4 vote. Justice Scalia has been the strongest conservative voice on the court and, as such, he has often been the person who swayed other members of the court toward a conservative outcome.

Of major importance is the fact that three of the eight remaining justices on the Supreme Court are older than 77. They are Ruth Bader Ginsburg (82), Anthony Kennedy (79) and Stephen Breyer (77). Justice Ginsburg has a history of cancer. In the history of the Supreme Court, the average age of the appointment of a justice is 53, and they generally serve about 17 years. Justice Scalia was nominated by President Reagan and served almost 30 years.

So, if you were wondering what all the fuss is about regarding the nomination of a new justice to replace Justice Scalia, it is because the future decisions of the court hang in the balance. Had Justice Scalia not been on the court over the past three decades, several landmark court cases might have been decided differently.

Lady Justice serves as the symbol of our judicial system. Her statue stands blindfolded and dressed in a toga in the lobby of the Supreme Court building, holding her sword and the scales of justice. In the not-too-distant future, she may need to put down her sword and scales and hold on to her toga as the winds of change come rushing through the hallways of the building.