ICYMI: Senator Ted Cruz Op-Ed in The Wall Street Journal: ‘The Scalia Seat: Let the People Speak’
‘I BELIEVE THE SENATE SHOULD FULFILL ITS CONSTITUTIONAL DUTY BY LETTING THE AMERICAN PEOPLE BE HEARD IN SELECTING THE NEXT SUPREME COURT JUSTICE.’
March 7, 2016
WASHINGTON, D.C. — U.S. Sen. Ted Cruz (R-Texas) yesterday penned an op-ed for The Wall Street Journal, outlining the need for input from the American people on the next Supreme Court justice.
Republicans and Democrats are deeply divided over the proper role of the Supreme Court. President Obama and Democrats favor justices who see the Constitution as a potter sees clay—something that can be molded to achieve their desired results. This has led the Supreme Court to invent rights that are nowhere in the Constitution—like the right to an abortion or to same-sex marriage—and ignore or restrict rights that even nonlawyers can’t miss—like the First and Second Amendments.
Republicans view things very differently. We believe the Constitution has a fixed meaning and a judge’s task is limited—to discover what that meaning is, not to make it up.
I believe the Senate should fulfill its constitutional duty by letting the American people be heard in selecting the next Supreme Court justice. Seldom has a Supreme Court vacancy arisen before the election in a presidential election year. Benjamin Cardozo, whom the Senate confirmed in February 1932, was the last justice confirmed to fill such a vacancy before the election. That was more than 80 years ago, and it occurred when the same party controlled both the Senate and presidency.
Do the American people want a justice who adheres to the unchanging text, history and structure of the Constitution, or do they want a justice who thinks the Constitution should evolve with the personal beliefs of unelected lawyers? Voters deserve the opportunity to speak on this subject through the next president.
That is why I will oppose any attempt by the Democrats to deny the American people their say. There should be no hearing on any nomination that President Obama makes, and if any confirmation vote is attempted, I will filibuster it. Notably, this approach was advocated by Vice President Joe Biden when he chaired the Senate Judiciary Committee in 1992, and as recently as 2007 by the man now slated to be the next Democratic leader in the Senate, Chuck Schumer.
I strongly support Senate Majority Leader Mitch McConnell, Senate Judiciary Committee Chairman Chuck Grassley and my fellow Republicans on the Judiciary Committee, who have drawn a line in the sand on behalf of the American people: We will not consider any Supreme Court nominee until the people have spoken and a new president is inaugurated.