How ironic that the late Justice Antonin Scalia, the avatar of wit and originalist Supreme Court thinking, is the centerpiece and cause of the controversy over the president’s nomination prerogative. Scalia, of all justices, wouldn’t be ferreting around for wiggle room on the intent of Article II, Section 2 of the Constitution. It still reads: “The president shall nominate, and by and with the advice and consent of the Senate, shall appoint … judges of the Supreme Court.” Nary a word about timelines, lame-duck, presidential status and opposition-party priorities.
Those who knew the conservative icon best acknowledge both his sense of Founding Father intent and sense of humor–a rare judicial parlay. They would also concede the relevance of real-world advice Scalia once proffered: “You have to resign yourself to the fact that you’re not always going to like the conclusions you reach.”