With GOP candidates claiming the duly elected and current sitting president should not have the right to nominate the next Justice, with Mitch McConnell and Ted Cruz pledging to block any nominee, no matter who he or she is, what would Antonin Scalia have thought about this?
It’s not hard to know since he commented on this “absurd political theater” before. Indeed, Scalia lamented how the appointment process for Supreme Court justices had become so political during his lifetime, saying he “wouldn’t want to go through it” again in present day.
Scalia often expressed disdain for the political nature of the nomination process. He himself was confirmed without a single vote against him in 1986.
“One shudders to think what sort of political turmoil will greet the next nomination to the Supreme Court,” Scalia said in a 2004 speech to the Federalist Society.
The Justice maintained his distaste for the injection of politics into the Supreme Court nomination and confirmation processes.
“I am not happy about the intrusion of politics into the judicial appointment process,” he said in 2010.
He said as long as the Constitution is subject to revision, “you should get used to controversial and absurd political theater when a person is nominated.”