Over the years, the U.S. Supreme Court has become a prized possession for the reigning political party. It’s balance, whether conservative or liberal leaning, denotes potentially decades of consequences for “We the People.”


Understand, a successful confirmation to the Supreme Court is a lifetime appointment. And while the very vital role these justices play in our judicial system involves interpreting, not transforming the law, the progressive evolution of the court’s discretionary character has unfortunately acquiesced to paltry judicial activism for their party.


In recent history the Supreme Court has given us Roe v. Wade, Obamacare and nationalized gay marriage. These progressive rulings alone have dramatically changed the face of America and left our children facing many unknown challenges.

No doubt, conservatism has seen its share of setbacks. But we may have just incurred one of our biggest.


Last Saturday, our nation’s leading conservative voice on the Supreme Court died at the age of 79. Multiple news agencies reported Justice Antonin Scalia died in his sleep during a visit to Texas. Unsurprisingly, his passing sparked a flurry of debate on the terms of filling the vacancy.


Should Obama or the next president and Senate be charged with nominating and confirming Scalia’s replacement? With Democrat leadership calling for the seat to be filled right away, President Obama vowed to nominate a replacement.

judge scalia

“There will be plenty of time for me to do so and for the Senate to fulfill its responsibility to give that person a fair hearing and a timely vote,” Obama said. “These are responsibilities that I take seriously, as should everyone.”


Sen. Majority Leader Mitch McConnell, R-Ky., quickly called for the vacancy to be filled after the Obama presidency.


“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 said in a statement.


Now, over the next few weeks, you’ll hear political pundits argue that Scalia’s absence imperils the 5-4 conservative majority on the court.


But I’m afraid the risk is much greater for conservatives.


There are really only two conservative justices left in the high court — Justices Clarence Thomas and Samuel Alito Jr. Justices Anthony Kennedy and Chief Justice John Roberts are, in my opinion, moderates. That leaves a court laden with the staunch liberal views of Justices Ruth Bader Ginsburg, Steven Breyer, Sonia Sotomayor and Elena Kagan.

Another progressive addition to the court would secure disaster for conservatism as we know it. So for now, the Senate must stand firm on confirming the right nominee.


Incredulously, while the Constitution spells out multiple requirements for becoming president or even a member of Congress, it mentions no rules for joining the Supreme Court! A justice doesn’t even have to have judicial experience!


Placing such unmitigated power into the hands of potentially unqualified individuals makes no sense.


It’s time to alleviate the long-term political impact of an unbalanced court.


We must act now to add term limits for Supreme Court justices as well as establish clearly defined qualifications.


Mark Caserta is a conservative blogger, a Cabell County resident and a regular contributor to The Herald-Dispatch editorial page.