Yes, our Republic is dead and doomed after the death of Supreme Court Justice Antonin Scalia; just not for the reasons conservatives seem to believe. Republicans have finally driven a stake through her heart by expanding their barbaric brand of scorched earth obstruction to the Supreme Court.
As the Country was driven further and further off track by Republican obstruction escalating with the tea party movement, at least the Court remained somewhat functional and in fact collegial. True, there was a significant divide, sharp words, disappointing decisions and a seemingly perpetual split. Yet, the justices remained loyal to their branch of Government, carefully considering its important place in maintaining the longest lived democracy on Earth.
The justices always seemed to be mindful too, that the Supreme Court is truly the “least dangerous branch.” It neither commands and army nor the power of the purse. Its power comes from trust in the institution and remaining above the fray of politics. Thus, it is no surprise that in the past there were political disappointments: Frankfurter was more conservative than FDR wanted him to be and Eisenhower was surely shocked by Brennan. These surprises and 6-3 decisions the pundits thought would go the other way 5-4 are what had preserved the power of the Court, along with the unwillingness of politicians and the electorate to tamper with it. If this were untrue, FDR’s Court packing plan would have sailed through a friendly Congress walking in lock step to overcome the Court’s objections to the New Deal.
That was the way things were until today. Looking in retrospect, it should have been plainly obvious that we would reach this point. Republicans long ago abandoned a role as a partner in Government, but emerged as the enemy within; resisting democracy on all fronts. They have shut down the Government; suppressed voting rights; advocated refusals to implement the law and clearly violated its terms, all with an arrogant zeal that if the country was not as they thought it should be, they would rather destroy it. It seems that the only thing that somewhat kept things together was the Court and rule of law.
They have now taken their Hun-like behavior to the Court itself; the arbiter of rules and the umpire of the republic. By refusing to perform their Constitutional duty and place country ahead of politics, they have mortally wounded the only institution holding everything together as we wait for saner times. If the Republicans persist in this endeavor, and are successful in their goals by skewing the Court in their favor, what does this do to the power of the Court? A Court ruling on important issues constituted in violation of law and tradition has no power; it has no voice. The “least dangerous branch” will become the “least relevant branch” as it is seen as an unlawfully stacked political tool. The resulting free-for-all will make the dysfunction of today seem like child’s play as the once great republic fades in the chaos the Huns once wrought over Europe.
Yes, Justice Scalia’s death was a fatal blow to our country, but only because of the Republicans’ willingness to sink the ship rather than sail in any direction except exactly where they want to go.