Justice Scalia was one of the most conservative members of the court. His unfortunate death is an unexpected present to Obama and the left. They must not be allowed to open that present. We can best protect his legacy and his love for the Constitution by protecting the Constitution and the Court from the appointment of another unqualified leftist radical like Sotomayor and Kagan.
McConnell has said that there should be no new nominees until a new president takes office. That makes sense. But it's vital to make him stick to it.
Senate Majority Leader Mitch McConnell said Saturday that the Senate should wait until a new president is elected to confirm a replacement for Justice Antonin Scalia, whose sudden death Saturday shook Washington and threatened to reshape the 2016 presidential race.
Democrats said that with 11 months left in Mr. Obama’s tenure, the Senate has enough time — and indeed an obligation — to confirm a replacement.
Mr. McConnell, though, said voters must be given a say in the matter, and that means picking a president who will nominate the replacement.
“The American people should have a voice in the selection of their nextSupreme Court Justice. Therefore, this vacancy should not be filled until we have a new president,” the Kentucky Republican said in a statement.
With the court now divided between four Republican-appointed justices and four Democratic picks, Mr. Obama would have a chance to tilt the bench decidedly to the left, and liberal lawmakers said he should have that chance.
The top conservative priority must now be to make McConnell stick to his statement. The Senate must not consider any Obama nominee.
The media will howl that the Supreme Court is being prevented from doing its work for partisan reasons. The media will roll out polls that show that a majority of Americans think that a new nominee should be picked and approved. And the Senate Republicans will once again weaken and fold as they have on every Obama nominee.
This must not be allowed to happen.
The damage that a left-wing Supreme Court can do is arguably even worse than the damage that a left-wing President can do. Consider the damage that even the current court has done on issues such as gay marriage. Then remember the Warren court. This is what the left wants and what it can almost taste. A Supreme Court empowered to engage in the mass destruction of the Constitution and civil rights by overruling the other branches of government and every local elected official to forcibly roll through a radical agenda. This is even bigger than Obama or Hillary or Sanders.
This is the battle conservatives must win. And it's not hard. It just requires forcing McConnell and co. to stick to their guns. For once, the establishment might actually stand with conservatives in this fight.
Right now we're in the middle of a pitched, ugly battle over the Republican primaries. This has been a divisive and destructive battle. But we must work together, Trump, Cruz and Rubio supporters, on preserving the Supreme Court and the Constitution.
Obama will try to force a move on this. There is no doubt about that. For once, Senate Republicans can stand up to him and make it count.