The U.S. Constitution and traditional Judeo-Christian moral values lost a stalwart champion this past weekend when Supreme Court Justice Antonin Scalia died. I had the honor to hear Scalia lecture at the University of Kentucky in 1989. Scalia was smart, a terrific writer, and he didn’t suffer leftist fools gladly. I particularly enjoyed his rebuking a leftist dimwit with the effrontery to espouse ideological and constitutional stupidity in Scalia’s erudite presence. My prayers and sympathies go to Justice Scalia’s family and friends. Our nation owes eternal gratitude to him for his writing, speakings, questioning, and for defending an originalist interpretation of the U.S. Constitution.
Barack Obama has said he intends to appoint a successor to Scalia in due time. Many Republicans, understandably object that this should not occur until after a new President takes office in 2017. I believe the Supreme Court can function effectively with 8 justices in the meantime. I also believe the Senate should exert its constitutional Article II, Section II power and, instead of advising and consenting to whomever Obama nominates, advise and reject his nominee. Obama’s track record demonstrates he will nominate someone who is remorselessly hostile to religious freedom, the Second Amendment, will support Obama’s unlawful executive actions, pander to criminal apologists, favor abortion on demand, create new legal philosophies never contemplated by the constitution’s writers, believe Islamist terrorists are entitled to constitutional protections, and favor expanding the reach of the federal government.
It is naive to think Obama will appoint some pragmatic moderate or anyone other than a leftist ideological zealot. Obama may also choose to play group identity politics and appoint a non-white individual who may not even be heterosexual to this position. Senators need to exhibit the intestinal fortitude to ruthlessly question this individual on their constitutional philosophy and have the courage to reject this individual no matter how much Obama apologists call such opposition racist, sexist, homophobic, bigoted, or extreme. Our constitutional fabric hangs by a tender thread thanks to the antics of the Obama Administration and the Supreme Court in recent years as demonstrated by cases as varied as Obergefell v. Hodges, the Obamacare contraceptive mandates, unprecedented assaults on religious freedom, and efforts to use recess appointments and illegally expand federal power without congressional assent as the recent Court rebuke of the “Clean Power Plan” demonstrates. Obama and his Senate acolytes, including New York Senator and publicity whore Charles Schumer are already fraudulently proclaiming that he must get a chance to burnish his “legacy” by getting the Senate to capitulate to any nominee he puts forth.
Nearly thirty years ago, the distinguished and erudite constitutional scholar Robert Bork’s Supreme Court nomination by President Reagan was defeated by the Democratic controlled U.S. Senate thanks to a leftist campaign of then unprecedented vilification.
This created a phenomenon called “borking” in which a Supreme Court candidate was defeated because he did not adhere to the leftist constitutional weltanschauung of an activist judiciary that sought to impose its own laws. It’s time for Democratic President’s Supreme Court nominee to experience “borking” in return and for the Republican Senate to demonstrate the political and moral courage to rebuke and humiliate Barack Obama and any candidate he appoints to this position. We must wait until a new President, hopefully Marco Rubio, takes office on January 20, 2017 for their to be a Supreme Court nominee who is a first-rate constitutional scholar and a defender of original intent and traditional moral values to be a worthy successor to Justice Scalia and the values he personified.