By Christopher Adinolfi '17
The 2016 presidential election has consistently been discussed as one of the most polarizing political battles in U.S history. The use of social media by the candidates and the American public has allowed for the flow of instant information, the reaffirmation of one’s own political beliefs, and the effective impression of the ideals of the general public. As the country moves closer to election day, the average voter must look ahead towards a very important part of the next president’s term: the nomination of at least one Supreme Court judge.In March 2016, President Obama nominated Judge Merrick Garland to fill the late Justice Scalia’s vacant seat. In an unprecedented move by the Republican Senate, the nomination is currently blocked, despite the usual neutral principle of acceptance of the president’s position. Why, then, has the GOP decided to use their power to break tradition? The answer lies in the timing of Scalia’s death and the current state of the union.Since his death was during this election season, the GOP realized the opportunity they were given: use it as a political move to secure a conservative judge if Trump wins. Since the country seems to be in a state without political civility at a time of polarizing extremes, a portion of the Republican electorate will back the blocking of Garland. This is only possible through the impression “game” being played today in public opinion. For example, the support shown for Bernie Sanders has given the impression of the desire for the Democratic Party to adopt a further left, progressive agenda; yet a Gallup poll on Left-Leaning Democrats shows only a 5% increase in Democrats who identify as socially liberal and economically moderate/liberal. As for the GOP, Donald Trump’s use of negative rhetoric towards immigration and the Muslim world gives the impression of a huge social conservative push right. Regardless of the actual stances of the GOP and the Democratic party, the country seems to be at a cross-road between the polarized figures of Hillary Clinton and Donald Trump. The polarization of social views in America is a volatile situation in regards to the Supreme Court, which has just recently heard cases on controversial issues such as the Affordable Care Act’s mandate on compulsory pay by employers for contraceptives and Obama’s immigration plan.Without Garland on the bench, Scalia’s vacancy has led to numerous 4-4 ties and will continue to affect American politics at a time of a changing social climate. The average age of the current justices is 69 years old, while Justices Kennedy, Ginsburg, and Breyer are older than 78 years old. Justice Ginsburg is the eldest judge at 83 years old. The likelihood that another justice will die within the next four years is fairly high. This gives the next president a chance to fill multiple seats, depending on the future state of Scalia’s empty seat. At a time when the two major political parties drastically differ in their social stances, the most important impact of this election season may be made in the Supreme Court, not the White House.References:
- http://www.cnn.com/2016/10/23/politics/hillary-clinton-merrick-garland-supreme-court/index.html
- http://www.huffingtonpost.com/christine-nero-coughlin/election-2016-the-potenti_b_12600170.html
- http://www.nytimes.com/2016/03/17/us/politics/merrick-garland-supreme-court-nominee.html?_r=0
- http://www.nytimes.com/2016/06/14/us/politics/obama-supreme-court-merrick-garland.html?rref=collection%2Fnewseventcollection%2FSupreme Court Nomination: Merrick http://www.gallup.com/poll/183686/democrats-shift-left.aspxB. Garland
- http://www.slate.com/articles/news_and_politics/jurisprudence/2016/02/the_odds_of_another_supreme_court_justice_dying.html
- http://www.usatoday.com/story/news/politics/2016/02/14/scalia-death-supreme-court-abortion-immigration-race-labor-voting-conservative/80372440/