The latest internet meme about the loss of Antonin Scalia is that we either replace him or we’re in the middle of a Constitutional crisis. Woe unto us! Without a replacement, the Supreme Court can’t overturn lower court decisions! We’ll be stuck in 4-4 ties forever! American justice will come to a screeching halt! We’re DOOMED!!

Um… Didn’t many on the left call for the recusal of Thomas from reviewing Obamacare? Didn’t many on the right call for the recusal of Kagan and/or Ginsberg when reviewing Obergefell (gay marriage)? Doesn’t this make those who call for the recusal of a justice, and a possible 4-4 decision, hypocrites?

There is good reason that the Constitution gives “advise and consent” power to the Senate. It is a balance against the executive, and requires the two branches to work together when determining the makeup of the third branch. The Senate, which is often called a “brake” and is made up of 2 members from each state, is the final authority on whether a justice is seated. This is well and good, since a Supreme Court justice is setting precedent that is applicable in all the states, not just those states with sufficient populations to sway the election of a President.

Democrats are screaming loudly that the child-king Obama deserves to nominate his own candidate for Supreme Court justice. McConnell has stated that he won’t hold hearings on any nominee, and that the justice should be nominated by the next president.

O great one, perhaps McConnell should allow the nomination hearings to proceed. The Republicans control the judicial committee and have a majority in the Senate. Without a majority vote in both the committee and on the floor of the Senate, any nomination will fail. Thus, the Republicans can indeed muster the votes to prevent a nominee from being seated.

As Democrats did with Bork.

Turnabout is, indeed, fair play.

As far as the “Constitutional crisis” nonsense goes, the Chief Justice can defer hearings until the next Supreme Court justice is seated. The only effect is a delay in a decision on a case that has most likely been on its way to the Supreme Court for a hearing for many years. There is no immediacy here.

My understanding is that any 4-4 Supreme Court decisions mean that the finding of the lower court stands. I fail to understand how this is a Constitutional crisis, especially as some Circuit Court decisions are never appealed to the Supreme Court.

Your greatness, perhaps you can shed light on whether the scales of justice will come tumbling down, bringing the rest of the country down with them and ending the rule of law forever.

Or not.