The politics of the Supreme Court

By now, you know that one of the great Supreme Court justices in the history of our country passed away unexpectedly. Even those who disagreed with almost every decision Antonin Scalia ever cast had immense regard for him and his work. Indeed, Scalia and his liberal alter ego on the court, Justice Ginsberg, had been best friends for decades, even before they were on the nation’s highest court.

In our online poll this week, we asked you to weigh in on the debate about the process for replacing him. Here were the responses and my comments:

20% - The president should nominate a replacement and the Senate confirm this year.
23% - They should start the process to see if a replacement can be confirmed this year.
16% - The president should not nominate a replacement in his last year in office.
41% - Even if a replacement is nominated, the Senate should not confirm this year.

Only one-in-five of respondents to our first option think the president and Senate should just get along together and do their business this year. But there are circumstances that complicate this logical and Constitutional scenario, like ideological balance of the bench and the impending election to replace the sitting president. Kumbayah will not be part of this scenario

I kinda like the second group, representing almost one-fourth of our sample, because they’re saying, regardless of the politics, both parties should just give it their best shot in the process of doing their job. Everyone knows the president is going to nominate and the Senate is likely going to reject. So quit jawboning and get to work.

The third group is the smallest, with 16%, who think the president should just stand down on this issue, since he’s out the door in less than a year. But even though he likely knows he’s not going to get a nominee confirmed, he will at least be able to use the rejection to help his party. It’s politics, and any president of either party would do it.

The largest group, at 41%, is the most troubled by the imbalance of the Supreme Court. They’re counting on a party change in the White House next year, and maintaining the majority party in the Senate. For now this group, and the Senate, are in the catbird seat.

Just when you thought the political season couldn’t get any weirder or more complicated, with a socialist and a billionaire running for president, the arch-conservative Justice on a tightly divided Court dies, leaving his replacement up to a president who is his polar opposite politically. As I’ve written before, we continue to live the Chinese Curse: May you live in interesting times.

To take this week’s poll on the US economy and your small business sales in Q1, click here.

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