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Earlier this month, U.S. Supreme
Court Justice Antonin Scalia passed away at age 79. He is
survived by his loving wife Maureen, nine children and
dozens of grandchildren. To Scalia’s family and friends, I
offer my most heartfelt condolences.
But I’m not going to lie. I
don’t have the “liberal love for Antonin Scalia” that others
proclaim. I have disagreed with the “originalist” approach
to the justice’s interpretation of the constitution as well
as most, if not all, of his rulings from the bench.
However, what I can
truthfully say is that, from my point of view, this was a
man of great intellect and even greater influence – for
better or, as it were, sometimes for worse.
Nevertheless, in the wake of
Justice Scalia’s passing, we currently find ourselves at a
critical juncture in our historic struggle for justice and
social change. Which road we decide to take will determine
much about our country and our community, in both the short
term and the long term.
On the one hand, there are those who argue that we should
not act to replace Scalia, merely because we are in a
presidential election year. Their argument is, “we should
wait and see who wins the election in November and take the
road that presents itself at that time.”
However, I respectfully disagree.
Instead, I view our current
crossroads through the lens of “the fierce urgency of
now,” a phrase President Obama borrowed from Martin Luther
King, Jr. and championed during his first election. Our
president should fulfill the constitutional mandate that is
afforded him, and nominate a replacement for Justice Scalia.
And the U.S. Senate, too, should fulfill its constitutional
mandate to afford the president with advice and consent –
meaning a hearing and an up-or-down vote on the President’s
nominee.
Why We Can’t Wait!:
Consider what is at stake. Many critical issues are before
the Court today. If we do not have a ninth justice – and
soon, many of these issues will remain undecided, leaving
the lives of people in limbo and a multitude of human needs
unattended.
In just this term alone, the
Court has to consider key issues such as the following:
Affirmative action. In a case out of Texas, the Court is
currently considering whether opportunity will continue in
the pursuit of higher education for those who may lack the
non-academic criteria of privilege or legacy. A close vote –
perhaps a 4-4 vote on a Court without Scalia – is possible.
The right to organize. In a
case out of California, the Court is considering severely
curtailing the rights of workers to organize for better
wages, working conditions, hiring practices and other
rights. Without Scalia, a 4-4 vote on the Court not only is
possible, but is expected.
Voting rights. In another
case out of Texas, voting rights – our rights -- are at
stake. Since 2012, at least, there has been a not-so-subtle
attempt by conservative political strategists to roll back
the civil rights-era legislation designed to eliminate
racial discrimination in elections. Again, a 4-4 vote on the
Court (without Scalia) is expected.
Other key court cases this
term have to do with capital punishment and who lives and
who dies; access to health care and even religious liberty.
Some who disagree with the
road I would take argue that there is no time for the
president to nominate, and the Senate to consider, a
replacement for Justice Scalia.
But, Let History be the
Judge:
President Obama has well over
300 days left in office. Historically, it has taken just 67
days, on average, between the time a Supreme Court
nomination is announced and the Senate votes. Even
considering the current gridlock in our nation’s capital,
the longest time ever - between a nomination and a Senate
vote - has been 125 days. Our president has more than twice
that amount of time remaining in his term.
More than 58 percent of
Ohioans want to see a new justice this year, compared to 35
percent who want to wait, according to a recent poll. Among
Ohio independent voters, those who support approving a
replacement to the Court is 70 percent compared to 24
percent who want to wait.
For too long, obstructionism,
resistance and partisan gridlock has ground our government
in Washington, D.C. to a halt. This time, we must rise above
the gridlock. There is no time to waste. Our president is
taking his constitutional responsibility seriously. This
time, the U.S. Senate must do the same.
And, they must act to make
the replacement to the Supreme Court with “the fierce
urgency of now!”
Contact Rev. Donald Perryman, D.Min, at
drdlperryman@centerofhopebaptist.org
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