Scalia’s Death and the Upcoming Total Nomination War

There are moments I always recall with great clarity.

Learning about the death of Supreme Court Justice Antonin Scalia will be one of those events.

As I have been closely following this news, I have noticed that there is a lot of chatter about the circumstances of his death and the disposition of his body. For example, reading The Drudge Report headlines, I could almost believe this story might soon be featured on Forensic Files.

While dialoging with fans of Legal Insurrection’s cartoonist, Antonio F. Branco, I noticed many comments I had also read elsewhere. For example, suspicious were shared about the pillow found over his head. Many Americans are expressing worries about the lack of an autopsy that would have confirmed the ruling of “natural death”.

I wanted to share some perspectives, which I thought might be helpful, based on my own experiences.

Scalia was a devout Catholic. As I fellow Catholic, I wanted to note that in all likelihood the family wanted to move forward in swiftly making arrangements with as much dignity as possible. Given the fact that Scalia had a history of high blood pressure, heart problems, and was recently deemed too weak to undergo shoulder surgery, it is reasonable to bypass an invasive procedure and proceed with arranging for the Mass and the funeral.

My own father had a set of chronic health problems similar to Scalia’s. When he died of a heart attack, the timing was unexpected. However, we had braced ourselves and were prepared to go on. I suspect the same is true of the Scalia family.

Then how about that pillow over the head? It is how I sleep…as do many others. I have to believe that the law enforcement officers who arrived would have made much different decisions if there was even a slight hint of foul play.

All that being said, the Obama Administration has given conservatives plenty of reason to be suspicious about one of our icons being targeted. The treatment of Tea Party groups at the hands of the IRS is merely one shining example in a seemingly endless stream.

President Obama has never been one to embrace decorum or grace in politically charged situations. Scalia’s death was no exception. PJ Media contributor, Claudia Rosett, shared this observation about how Obama decided to dress to make a formal announcement.

…Surely when America’s president appeared before the TV cameras Saturday evening to deliver his scripted remarks about the death of a Supreme Court Justice, the great Antonin Scalia, Obama should have taken the trouble to dress at least as well as your average law student applying for a summer job.Instead, flanked by the flags that signal ceremony, but dressed-down after a day on the golf course, the top button of his shirt undone, Obama appeared without a necktie.

As anticipated, Obama is forging ahead enthusiastically with the selection of his next nominee…despite precedents to prevent last-year presidential appointments to the nation’s highest court.

I concede there is much to be angry about. Scalia’s opinion would have been critical in many upcoming cases. The progressive joy at this unanticipated vacancy is a bitter thing to see unfold.

But, instead of squandering time speculating about the nature of his death, maybe we can all do something a bit more productive?

If you are Catholic, perhaps you can make it a point to arrange a Mass Intention for Scalia. I know I am. Imagine the powerful statement that having notices of Mass Intentions for Scalia posted throughout the country will make. Additionally, perhaps consider sending a Mass Intention card to Scalia’s office at the Supreme Court?

I am sure Scalia will appreciate the prayers, and his family will be grateful for the show of love and respect.

Another meaningful action we can take is to help strengthen the resolve of our Senate to prevent the confirmation of someone who would work to undo everything Scalia achieved during his lifetime. Dawn Wildman, coordinator for the California Tea Party Groups, indicates American conservatives are getting prepared to do just that.

“We are already getting organized. We will keep pressure on the Senate to do everything that is legal and constitutional to prevent Obama from appointing another progressive. And if the Senate agrees to go forward with any nominee, we will do the vetting that we fear they may not do. To say that we don’t trust the Republicans in Congress is an understatement. This is probably the last chance that have to prove themselves.This will be a total nomination war.

No matter how angry we get, Scalia isn’t coming back. Nor can he be truly replaced.

At this point, all we can do is be grateful that he was on the Supreme Court for nearly 30 years and fight for another Justice who won’t reverse his decisions.

If, ultimately, we get a savvy “Originalist” who opines with wit, that would be a real miracle in this environment.

[Featured image via Ben Friedman Twitter]

Tags: US Supreme Court

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