The Election In November Just Got Even More Crucial

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My San Antonio posted an article today reporting that Associate Justice Antonin Scalia, age 79, was found dead of apparent natural causes Saturday on a luxury resort in West Texas.

The article reported the statement by Texas Gov. Greg Abbott:

Texas Gov. Greg Abbott released a statement Saturday afternoon, calling Scalia a man of God, a patriot and an “unwavering defender of the written Constitution.”

“He was the solid rock who turned away so many attempts to depart from and distort the Constitution,” Abbott said. “We mourn his passing, and we pray that his successor on the Supreme Court will take his place as a champion for the written Constitution and the Rule of Law. Cecilia and I extend our deepest condolences to his family, and we will keep them in our thoughts and prayers.”

The Associated Press quoted Supreme Court Chief Justice John Roberts:

“He was an extraordinary individual and jurist, admired and treasured by his colleagues. His passing is a great loss to the Court and the country he so loyally served. We extend our deepest condolences to his wife Maureen and his family.”

The Associated Press also quoted former President George W. Bush:

“Laura and I mourn the death of a brilliant jurist and important American, Supreme Court Justice Antonin Scalia. He was a towering figure and important judge on our Nation’s highest court. He brought intellect, good judgment, and wit to the bench, and he will be missed by his colleagues and our country.”

The National Review reported:

It’s been more than 80 years since a Supreme Court justice was confirmed in an election year to a vacancy that arose that year, and there has never been an election-year confirmation that would so dramatically alter the ideological composition of the Court.
[Update: I’ve encountered some mistaken quibbling on Twitter with the first half of the sentence above. Yes, Anthony Kennedy was confirmed in February 1988, but to a vacancy that arose in June 1987. He was nominated in November 1987 — after the Democrats’ defeat of the Bork nomination. The last justice to be confirmed in an election year to a vacancy that arose that year was Benjamin Cardozo — confirmed in March 1932 to a vacancy that arose in January 1932.]

Justice Scalia was an important figure on the Court. He believed in the U.S. Constitution and took his oath to uphold it seriously. He will be missed. It is also easy to predict a contentious battle over whether or not President Obama should be able to appoint a new Justice before leaving office. Letting the next President fill the vacancy would be the gentlemanly, appropriate thing to do, but I am not expecting miracles.