Scalia

The passing of Supreme Court Justice Antonin Scalia was a sad day for his family and for the country. In a Court that was often divided along ideological lines, with 5-4 decisions, the question is - should Obama be allowed to appoint the replacement for Scalia. There is no doubt that he is permitted to submit his nomination to the Senate for confirmation. The real issue is whether or not the Senate should act, or wait until a new president is sworn into office.

As always, I prefer to dispense with the nonsense first. If the Senate refuses to act it is not a result of racism, not because Obama is black. The Democrats love to play the race card, and frankly, like many Americans, I'm sick of it. The appointment of another liberal justice to the Supreme Court will shift the ideological balance to the left, affecting our rights for possibly a generation or more.

This is also not a question of simply doing what the Constitution says. There is no time limit for the Senate's review of any nominee. And let's be clear - the Democrats will always play hardball when it suits their purposes. It was then Senator Barack Obama who joined in the filibuster of George Bush's nominee Samuel Alito. Here was Senator Obama's take on the process: "There are some who believe that the president, having won the election, should have the complete authority to appoint his nominee, and the Senate should only examine whether or not the justice is intellectually capable..." Obama: "I disagree with this view." Ultimately, Obama voted against Alito, not based on intellectual capability or character, but strictly on ideology.

Now, of course, Obama and the mainstream media say the Senate should do its job and not be obstructionist. Senator Obama did not agree with President Obama. Senator Obama described Alito as not one who would uphold "the traditional role of the Supreme Court as a bastion of equality and justice for United States citizens." Translation: Alito is just too damn conservative. Let's be honest, Obama's concern for "equality and justice" is only from the leftist point of view. His ideas of "equality and justice" would not align with conservative ideas of those principles on any number of issues.

For example, in the cases dealing with the right of Americans to own guns, the four liberal justices voted against that individual right. Never mind that for nearly 240 years Americans have enjoyed that right. A fifth liberal justice would do away with the 2nd Amendment's right to keep and bear arms. After they do away with the 2nd Amendment, it would be open season on the 1st Amendment. Recall the 5-4 decision in Citizens United, upholding the free speech rights of people to speak out during an election. The Court allowed unlimited expenditures by private citizens and groups for campaign ads, so long as there was no coordination with a candidate or candidate's campaign.

But what did the Obama administration argue to the Court in Citizens United? They argued that even books could be banned as independent expenditures, if the Court were to side with them. And let's not forget that it is Democrats who actually want to Amend the 1st Amendment to overturn the Citizens United decision. Who thinks tinkering with that Amendment is a good idea?

Chuck Schummer is the likely leader of the Senate Democrats following the next election (and, hopefully, as minority leader). What did the esteemed Senator have to say when it was George Bush doing the nominating of Supreme Court justices? "We should reverse the presumption of confirmation. The Supreme Court is dangerously out of balance. We cannot afford to see Justice Stevens replaced by another Roberts, or Justice Ginsburg by another Alito." Schummer made those comments with 18 months left in President Bush's term of office. The Republicans are suggesting holding off for the 11 months left in Obama's term.

What comes to mind is the scene in Casablanca where Louie, the Vichy French police captain is ordered by the Germans to close down Rick's Cafe Americain. Not having a reason, he comes up with "Close the place down, I'm shocked, shocked that there's gambling go on." Simultaneously, Louie is handed, and immediately pockets, his gambling winnings given to him by one of Rick's employees. The Democrats are always shocked, shocked when the Republicans employ any of the same tactics that they use.

I am looking for the Republicans to stand strong on this issue. If they cave in and approve an Obama nominee, expect Trump's ratings to go even higher. Trump is not my first, second or even third choice. But Trump gives in to no one; he is perceived as someone who would take the heat and fight back. And that is his appeal.