hrothgar, on 2016-November-12, 17:36, said:
Instead, we now have to deal with the following
1. The Republicans will get to pick a replacement for Scalia
2. Ginsburg, Kennedy, and Brennan are all extremely old. 1-2 of them are almost certain to be replaced
This isn't one of those cases where we get to wait four years and then squeeze the toothpaste back into the tube...
Elections have very real consequences
Funny, but one of the prime factors that drove some people to vote for Trump at the end was the thought that Hillary Clinton would be appointing Supreme Court justices.
Progressives/liberals only have themselves to blame. It seems like whenever they talk about judges it's in terms of appointing judges who agree with the liberal agenda and will essentially rubber stamp it. But judicial appointments should never be about enabling anyone's agenda -- progressive or conservative. As the third co-equal branch of the government, the court system needs to be an impartial arbiter which protects our freedoms, ensure individual's rights aren't infringed upon, and ensure no governmental branch oversteps its governmental role/authority. At the Supreme Court level, this means ensuring the Constitution remains a viable, working framework for our democratic republic.
If the courts ever become widely politicized, then we're well down the slippery slope to a totalitarian government. (If you don't believe this, then I suggest you find a copy of the excellent 1961 movie "Judgment at Nuremburg" and watch it. It's about the war crime trials after WWII, but focuses on a senior member of the German judiciary and the role he played in aiding and abetting the Nazis.)
A couple examples come to mind one historical, one hypothetical...
The historical example goes back to the 1930's depression era. President Franklin Delano Roosevelt (FDR) worked with Congress to pass the National Recovery Act (NRA) which sought to help industry and businesses recover and get going again. But certain provisions of the law which imposed some conditions that the Supreme Court found unconstitutional. As a result, the law was struck down. After this happened, FDR started questioning why the Supreme Court should have 9 members. He talked about possibly raising the number of justices to 15 so he could appoint enough judges to get his programs through without any judicial interference. The American public let FDR know very rapidly that this was not an option.
For the hypothetical, let's suppose Barack Obama's orders on immigration were Ok'ed by the lower court and appealed to the Supreme Court where the 4-4 deadlock resulted in letting the lower court ruling stand. Then, Donald J. Trump gets elected President. What safeguard is there to prevent Trump from writing other orders that essentially go around Congress? The precedent will have been set. If we ever get to a spot where rule is by Presidential fiat, democracy is gone or shortly would be.