Free Essay on the Death of the Supreme Court Associate

The United States Supreme Court Associate Justice Scalia was found dead through a scenario that was perceived as a product of natural cause in the luxury resort located in Western Texas. He died aged 79. At the time of his untimely demise, he had visited Cibolo Creek Ranch. Prior to his death, Scalia had arrived at the Ranch on a Friday and proceeded for a private party attended by approximately 40 individuals during the Friday night as per the records of the Federal officials. Afterwards, the associate justice left the party scene and proceeded to his residence which he was reported to have slept earlier than other people in the homestead. The death of the associate Justice had profound impacts on the entire government including the Supreme Court, President and the Senate.

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Effect of Scalias Death on the three Branches of Federal Government

Scalias death had profound effect on the Supreme Court of US. The Constitution of the Supreme Court in the US was badly affected by this death leaving only eight Justices to dispense justice. In particular, this death created a robust opening in the Supreme Court of US. This implied that the country could be in for one year or more with just eight justices within the Supreme Court with four justices from either conservatives or liberals. The most impacted aspect of the justice passing away is the determination of the abortion case in a span of 23 years while the Supreme Court must make its decision without input of Scalia who had been the long-term voice of the conservatives for many decades since his appointment in 1986. Currently, the High Court has been preparing to hear challenges to the Texas cruel anti-abortion legislation which is also perceived as one of the toughest nationwide. The loss of Scalia marked a very significant loss in the constitution of the Supreme Court and its ability to dispense justice.

On the presidency, the death of Justice Scalia ignited strains on the already volatile presidential campaigns. The presidential campaigns have been principally unpredictable pitting up the grass-root activist all through while the activist shows their flabbergasting presidential choice they make against other party leaders has been growing into a rare battle with royal perspective to control all the branches of the government namely: the White House, the Supreme Court and the Congress. For instance, Mr McConnell threatened to block the confirmation that would rather complicate re-election opportunity senators from the republicans in the Swing States. The sudden demise of Scalia ignited an instant fight if President Obama should name Scalias successor hence turning into overriding arguments since candidates from either parties were in a hurry to respond to seismic shifts towards the emerged vacancy.

The death of the justice also caused a stir just like his life had been. In this regard, the senate majority leader for instance, Mr McConnell already claimed that the replacement of Scalia must not be taken till a new president come to power placing a barrier to president Obamas exercise of his constitutional mandate to appoint a new justice thus, triggering a political upheaval. In this regard, this perception was viewed that the American citizens must have had to voice in selecting Supreme Court Justice. On the other hand, the Senate minority prescribed to an ideal that President Obama ought to send a nominee from the senate to the Supreme Court immediately. The failure to fill the Supreme Court vacancy was perceived by the minority as a clear abdication of the constitutional role of the Senate.

2). what impact does his death have on the presidential election this November, 2016?

The death of Justice Scalia would result into the nomination of a more qualified justice while the senate is more likely to confirm this appointment in just a few months time. However, this idea coming after the death of Associate Justice Scalia creates a sound preposterous effect with significant effects on the congressional and presidential election in November, 2016. The untimely demise of the Associate Justice, Scalia may have sparked a major political battle in the current political climate of the US since virtually all constituencies in US and the democrats in particular is influenced by cases already in the court. The upcoming decisions from the Supreme Court after the death of the Justice will mainly act as a reminder of major voting blocks of stakes in the 2016s presidential elections as well as the overall controls of the Senate.

In this regard, the democrats have the ultimate opportunity over the years to resume the chamber since 24 Republicans are seeking re-elections relative to about 10 Democrat. Currently, the political lines have already been earmarked. The philosophy perpetuated by Scalia on constitutional originalism whether an individual bought it or otherwise was following precise letters from the founders. The Article II states the constitutional duty of President Obama to select a new justice. However, the Republicans are perceived to have never allowed law to take its course even if the new selection could be perceived to generate a clear advantage on the presidential elections of the democrats. In this regard, the demise of the Associate Justice, Scalia is a major trigger of the presidential elections in the coming November due to the political advantage created on either the Democrats or the Republicans which depends on the perspective of the views of the two political sides.

3) Who is the Presidents nominee to replace Scalia and is the nominee qualified to be on the Supreme Court? Will there be hearings to confirm or reject the nominee? (What are the qualifications to be on the Supreme Court and does the Presidents nominee meet those qualifications? Will the Republican Senate hold hearings on the Democratic Presidents nominee? What are the arguments for or against holding hearings?)

Following the demise of the Associate Justice Scalia, President Obama nominated a new judge, Merrick Garland into the left position. This selection came up amidst unclear circumstances over the best move in such as scenario characterized with heated political environment such as the case of US today. Garland is one of the renowned judges across the two political lines, the Democrats and the Republicans. This move was perceived as an epic move to resolve power play of the Republicans who had been determined to block the replacement of late Associate Justice Scalia till a new president assumes office. However after the nomination of Garland into the Justice position, the US Senate have no plans to make a vetting or hearing on Garland or even vote towards his nomination. Some of the arguments against vetting and hearing of Justice Garland appointments also includes shortage of time to the process amidst impeding general elections.

Both President Obama and the democrats argued that having 10 months prior to the general elections, there is sufficient times for the senate to take the nomination and confirm appointment of the new justice. The qualifications for the Supreme Court Justice Appointment includes: political ideologies similar to the president, ethnicity and gender, experience as well as party and personal loyalty. Justice Garland was however unquestionably qualified for the position. At 63 years, the judge is one of the oldest justices to be appointed in Supreme Court service hence a mark of experience through his 19 years as a veteran of DC circuit, which is one of the most powerful courts nationwide.

Bibliography

Buchanan L. et al How a Vacancy on the Supreme Court Affects Cases in the 2015-16 Term;New York Times, (15th April, 2016).

Segal, Jeffrey A., and Harold J. Spaeth. The Supreme Court and the attitudinal model revisited.Cambridge University Press, 2016.

Shear, M.D. & Davis H.J. et Al Obama Chooses Merrick Garland for supreme Court; NewYork Times. (16th March, 2016).