I am not talking about Florence, Mary and Diana, But of John Anthony, Clarence, Stephen, Sonia, Elena and the Notorious RBG. Or the members of the Supreme Court. The Senator from Kentucky  who is the majority leader in the Senate , Mitch McConnell, said on the death of Anton Scalia (February 13^th) announced that the next president would appoint the replacement, and that there would not be any hearings or votes on anyone appointed to the court by President Obama.

I know many do not know how the court works but let me give a brief civics lesson to the uninformed.  The Supreme Court hears oral arguments for two weeks a month starting on the First Monday in October as required by Article 3 of the US Constitution. During the week there are conferences set up where they discuss the cases heard and vote on them. Once the vote is taken,  2 Justices are assigned to write the Majority and Dissenting opinions. Here is the key point that must be made. The original vote is not the final vote. Later when the opinions are written they are then voted on. If someone who voted for the Majority disagrees with the written Opinion, they can change their vote.  This is the final vote taken and is typically pro forma.

The Constitution requires Congress to meet on the 3^rd of January, the President’s term to start on the 20^th of January but here is the rub, despite what happens on Election Day (the Tuesday after the First Monday in November (November 8^th in 2016), the new President is not officially elected yet. The Chosen Electors in each state meet in their respective state legislature on the Monday following the second Wednesday in December (December 19^th in 2016) and cast their ballots the results of the ballots are sealed and sent to The US Senate where in early January the votes are announced in a joint session of congress, and the President ‘officially’ get elected. Technically she cannot appoint anyone to the court until after she becomes President. But she will probably propose someone prior and officially nominate her choice on the 20^th of January. The Senate after swearing in on Jan 3^rd will have to start the process of approving the cabinet and the appointed federal Judges including the one for the Supreme Court. The likely hood of having the 9 Judge on the court within a year of Scalia’s death is very slim. If the new Justice is seated on the court on the 13^th of February they will have missed 54% of the oral arguments of the court’s calendar for the year technically they could not vote or have an opinion on any case heard prior to their being placed on the court.

I believe all of the Justices on the court are very smart I disagree with several and my two favorites are Ruth Bader Ginsburg (AKA The Notorious RBG)  and Steven Breyer (who in my opinion the Miguel Cabera of the Supremes) but a 4-4 is not as effective and the longer Senator McConnell delays the approval of a justice just because he can he should be charged with Obstruction of Justice.  But I seem to be the only one who is upset with this.

John Adams appointed John Marshall to the Court after he had lost the Presidential Election to Thomas Jefferson and Congress consented to Marshall before Jefferson took office.  Why can’t the current Senate Majority Leader do his duty to the American People?

Thus ends the Civic Lesson.