By Carol Tobias, President
National Right to Life Committee
At the U.S. Supreme Court, a vacant chair is draped in black. In filling the vacant seat, the stakes could not be higher.
The vacancy should be filled by the president who is elected on November 8, 2016.
Certainly, the Constitution gives President Obama the authority to nominate a replacement for the late Justice Antonin Scalia – but the Constitution also makes it clear that the vacancy will endure until the U.S. Senate gives “consent” to a nominee. There are various ways that the Senate may refuse to consent, including inaction on a nomination, which is what should occur in this case.
That is because this is not primarily about the professional credentials of a particular nominee – it is aboutwho decides whether unborn children will be protected, whether religious liberty will be protected, and whether the free-speech rights of groups out of favor with the liberal elites will be protected (among other things).