The Plain Dealer published today an opinion piece written by Professor Emeritus Sheldon Gelman and Professor Emeritus Joel Finer, entitled “Why not filling Antonin Scalia’s seat could work.” The piece is available here.
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It is the gridlock in Washington that has produced the anger that has produced anti-establishment candidates having the success they are having in this political campaign. If the Senate refuses to consider (hold hearings and vote) on the President’s nominee, the Republicans risk an angrier backlash in November, since they control the Senate. The way things are going, however, if the Democrats win the Senate but lose the White House, and do what the Republicans are doing now, the authors are correct that this could continue for quite some time. That is not what the Constitution envisioned, whether one is an originalist or other “ist.” Alan Jay Rom