Insisting it’s his right to appoint a replacement for the late Supreme Court Justice Antonin Scalia, PresIdent Barack Obama became surly, chiding the Republican-controlled Senate for shirking its duty. When Scalia died unexpectedly Feb. 12, Senate Majority Leader Mitch McConnell said it was up to the next president to appoint Scalia’s replacement. “The American people should have a voice in the selection of their next Supreme Court justice. Therefore, this vacancy should not be filled until we have a new president,” McConnell insisted Feb. 13, telling Obama to take a hike. If there’s anything that can be said about Obama’s rapport with the GOP-led Congress, it’s as bad as his relationship with Russian President Vladimir Putin. When Obaama signed the Affordable Care Act AKA Obamacare into law March 23, 2010 without one Republican vote, he ended his relationship with the GOP.
GOP Party leaders aren’t inclined to cut Barack some slack during an election year. With eleven months left on Obama’s term, Sen. Diane Feinstein (D-Calif.), ranking minority member on the Senate Judiciary Committee, saw no reason to delay the appointment and vote to replace Scalia. “The Constitution is pretty clear about what’s supposed to happen now,” insisted Obama, asserting his power under Article II, Section 2, Clause 2 of the Constitution. Obama spent his his political capital on Obamacare, creating so much enmity with GOP members on Capitol Hill, they can’t wait for his to leave office. Giving Obama a chance to replace Scalia, a strict Constitutional constructionist, with a liberal leaning justice is unthinkable to GOP members of Congress. Judiciary Chairman Sen. Charles Grassley (R-Iowa) hinted he’d wait-and-see who Obama picks.
Ripping GOP front-runner real estate mogul Donald Trump Feb. 16, Obama galvanizes GOP voters leaning toward Trump. Speaking publicly about the election shows that Obama gropes for relevance during his last year in office. Voters are far more focused on the 2016 election than what happens in the White House. Ripping McConnell and other Senate Republicans for refusing to confirm his Supreme Court pick, Obama wants one more fight with Congress. Barack’s Congressional record is one of the worst in modern presidential history. Painting the GOP as obstructionists before the November election now falls on deaf ears. “Everything is blocked,” lamented Obama, regarding his judicial appointments languishing in the Senate Judiciary Committee. “This would be a good moment for us to rise about it,” said Barack, urging the GOP Senate to take up his Supreme Court pick.
Republicans want no part of Obama’s pick because they know he won’t pick a conservative like Scalia. While it’s true it’s the president’s call, Congressional Republicans already have too many problems with Obama’s liberal legacy, especially in the federal courts. What irks Obama the most his lame duck status, getting ignored on Capitol Hill. When Barack railroaded Obamacare over GOP objections in 2009-2010, he sealed his fate in Congress. Talking about his rights under Article 2, Section 2 of the Constitution, isn’t a compelling enough, especially saying Scalia, as a strict constructionist, would back Obama’s right to appoint his replacement. Looking carefully at 45-year-old black U.S. District Court Judge Ketanji Brown Jackson, Obama would antagonize Grassley’s GOP-controlled Judiciary Committee. Obama isn’t inclined to pick a moderate or conservative.
When Obama jumped into the political fray yesterday insisting Trump wouldn’t become president, he showed he’s not above using the White House to push his political agenda. While not officially endorsing a Democratic candidate, he’s unofficially picked Hillary. Locked in another squeaker in Nevada, Hillary and Sen. Bernie Sanders (I-Vt.) run neck-and-neck. Once leading by over 20%, Hillary’s lost her lead with Nevada’s diverse caucus-goers changing minds. Unionized hotel workers now tilt toward Bernie’s economic policies, crying out for a higher federal minimum wage, dealing with egregious income inequality. Jumping into 2016 race, Obama hurts his chances of getting any sympathy from the Senate Judiciary Committee. Most Republicans think Obama has done so much damage to the nation in domestic and foreign policy, they won’t give him another Supreme Court pick.
Obama finds himself caught between as rock-and-a-hard-place getting GOP-controlled Senate to confirm his pick. Having spent his political capital on Obamacare and antagonized every Republican in the House and Senate, Obama has few options left before leaving office Jan. 20, 2017. Finding a “consensus candidate” won’t be easy because the GOP-led Congress feels no obligation to throw Obama a bone. With an evenly divided High Court between liberals and conservatives, the Court’s unlikely to rule on controversial decisions in the next two sessions. While Barack has many choices for Scalia’s replacement, it’s doubtful he’ll find the right pick. Whether admitted to or not, the GOP looks content seeing Obama squirm during his last year as a lame duck. Failing to fulfill his 2008 campaign promise to lead as a post-partisan president, Barack can only wonder what might have been.
