Paul Krugman has it half right here:
Once upon a time, the death of a Supreme Court justice wouldn’t have brought America to the edge of constitutional crisis. But that was a different country, with a very different Republican Party. In today’s America, with today’s G.O.P., the passing of Antonin Scalia has opened the doors to chaos.
In principle, losing a justice should cause at most a mild disturbance in the national scene. After all, the court is supposed to be above politics. So when a vacancy appears, the president should simply nominate, and the Senate approve, someone highly qualified and respected by all.
In principle, losing a justice should cause at most a mild disturbance in the national scene. After all, the court is supposed to be above politics. So when a vacancy appears, the president should simply nominate, and the Senate approve, someone highly qualified and respected by all.
He’s absolutely right that there’s something seriously wrong when the whole political system goes ape over a vacancy on the Supreme Court. He is absurdly wrong in suggesting that this is somehow completely the fault of the Republicans. See “Bork as a verb” and “Clarence Thomas Supreme Court Nomination.” While the Republicans are definitely outrageously dysfunctional, and their assertion that the president shouldn’t nominate in this situation is sheer lunacy, they did not invent making a circus of the nomination process. At least, they didn’t do it alone; they had very enthusiastic help from the Democrats.
Krugman, like Bud, utterly rejects this truth: “Second, it’s really important not to engage in false symmetry: only one of our two major political parties has gone off the deep end.”
But let’s talk about the half of what Krugman said that is right.
Ever since Saturday, I’ve been seeing and hearing something… eccentric… in coverage of the death of Scalia and its aftermath.
There is this suggestion out there that now that there’s a Supreme Court vacancy, suddenly this election is serious. Now we’re going to see more money given, more heightened rhetoric, a sense on both sides that the stakes have gone up…
Say what? Um… the election of the president of the United States, in whose hands all executive authority is concentrated, is and always was a bigger deal than filling a vacancy of one-ninth of the Supreme Court.
In fact, if both parties respected the rule of law (as Mr. Krugman seems to think Democrats do), the selection of justices should not be an electoral issue at all. If presidents and senators simply looked at qualifications (as some, such as our own Lindsey Graham, still do), it would be insane to talk about the kinds of nominees a presidential candidate would put forward in partisan terms. Actually, it is insane to frame something so secularly sacrosanct in such terms. But that’s what we do now, every time…