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The death of Justice Antonin Scalia has become a partisan issue. The Republican controlled Congress will not consider the nomination for the vacancy presented by President Obama because they believe that he cannot nominate a candidate because he is nearing the end of his term and it should be done after the election. What does the Constitution say about the nomination process?
Why was the appointment of Amy Coney Barrett so controversial ?
The Republican-controlled Senate's decision to refuse to consider President Obama's nomination of Merrick Garland to fill the vacancy created by the death of Justice Scalia was highly controversial. Some argued that the Senate was simply exercising its constitutional prerogative to confirm or reject nominations. Others argued that the Senate was refusing to consider Garland's nomination for political reasons, and that this was an abdication of their constitutional responsibility.
The appointment of Amy Coney Barrett to the Supreme Court was also controversial. Barrett was nominated by President Trump to fill the vacancy created by the death of Justice Ruth Bader Ginsburg. Ginsburg died just a few weeks before the 2020 presidential election, and Trump's nomination of Barrett was seen by many as an attempt to pack the Supreme Court with conservative justices.
The Senate confirmed Barrett's nomination on a 52-48 vote. All 52 Republican senators supported her nomination, while all 48 Democratic senators opposed it. Barrett's appointment was met with protests and demonstrations, as many people believed that it was illegitimate for the Senate to confirm a Supreme Court Justice so close to an election.
The death of Justice Scalia and the subsequent appointment of Justice Barrett were both highly controversial events. These events have raised important questions about the role of the Senate in the Supreme Court nomination process, and about the legitimacy of appointing Supreme Court Justices so close to an election.