Every four years, like clockwork, one politician or another will warn that the impending presidential election will be the most important in history in determining the future course of the U.S. Supreme Court. For the first time in recent memory, however, this year that proclamation appears to be correct.
Following Justice Antonin Scalia’s unexpected death in February 2016, the Republican-controlled U.S. Senate has refused to consider or vote on President Obama’s nomination of D.C. Circuit Judge Merrick B. Garland to replace Scalia on the high court. At the time of his death, Scalia was more than merely the fifth Republican-appointed justice on a court that was often politically divided 5-to-4; he was in many ways the intellectual leader and most outspoken member of the court’s conservative wing.
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