Senator Ted Cruz has written an op-ed in the Wall Street Journal outlining the case against a Senate vote on any Supreme Court nominee President Barack Obama might put forward. Cruz says any Obama replacement for pro-life Justice Antonin Scalia would be an abortion activist in the mold of Obama’s two previous nominees.
Here are some excerpts from the piece:
Republicans and Democrats are deeply divided over the proper role of the Supreme Court. President Obama and Democrats favor justices who see the Constitution as a potter sees clay—something that can be molded to achieve their desired results. This has led the Supreme Court to invent rights that are nowhere in the Constitution—like the right to an abortion or to same-sex marriage—and ignore or restrict rights that even nonlawyers can’t miss—like the First and Second Amendments.
Republicans view things very differently. We believe the Constitution has a fixed meaning and a judge’s task is limited—to discover what that meaning is, not to make it up.
Justice Antonin Scalia, whose passing we mourn, was a passionate champion of this humbler view of the judicial role. It is nearly impossible to overstate the significance of his passing. If Justice Scalia is replaced by a Democratic nominee, many long-cherished rights will be jeopardized.
The court would be poised to allow the banning of movies and books criticizing political candidates like Hillary Clinton, to mandate that states permit the barbaric monstrosity known as partial-birth abortion, to force the religiously devout to provide abortion-inducing drugs, and to allow the confiscation of guns by holding that the Second Amendment doesn’t include an individual right to keep and bear arms.
In 2014 when the American people last spoke in a nationwide election, they clearly repudiated Democratic governance and elected a Republican Senate majority. Although the president has the constitutional power to nominate Justice Scalia’s replacement, no nominee can be appointed without the Senate’s “Advice and Consent.” And as Minority Leader Harry Reid himself once said, “nowhere” in the Constitution “does it say the Senate has a duty to give presidential nominees a vote.”
I believe the Senate should fulfill its constitutional duty by letting the American people be heard in selecting the next Supreme Court justice.
The nation’s highest court has already seen Obama appoint two abortion activists in Sonia Sotomayor and Elana Kagan. They’re poised to overturn any pro-life law that comes to the Supreme Court and to keep Roe v. Wade in place for 43 more years.
Does anyone really believe that another Obama nominee would be different? The stakes are too high to allow President Obama, in the waning months of his final term, to make a lifetime appointment that would reshape the Supreme Court for a generation.
Do the American people want a justice who adheres to the unchanging text, history and structure of the Constitution, or do they want a justice who thinks the Constitution should evolve with the personal beliefs of unelected lawyers? Voters deserve the opportunity to speak on this subject through the next president.
Ultimately, Cruz re-upped on his pledge to filibuster any Supreme Court nominee.
Leading pro-life advocates agree the Senate should not vote on Scalia’s replacement until after a new president has been selected.
Americans United for Life President Charmaine Yoest told LifeNews, “His loss is tragic, and we hope that when it comes time for the Senate to vote on his replacement, that a worthy successor who can pick up his banner can be found after the election.”
Mat Staver, Founder and Chairman of Liberty Counsel: “With the passing of Justice Scalia, the future of the High Court and the future of America is hanging in the balance. The Senate must not confirm any nominee to the Supreme Court from President Obama. The Senate must hold off any confirmation until the next President is seated. Unfortunately the presidential debates have been more theater and less substance about the real issues surrounding the Supreme Court. The election of the next President has now taken on even greater importance. The future of the Supreme Court and America now depends on the Senate blocking any nominee by President Obama and the people electing the right person to occupy the White House.”