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The death of Justice Antonin Scalia has detailed a few realities of our current political system. In an election cycle (which in all honesty feels never-ending at this point) few events escape immediate polarization, and one simple factor has made our Congress so dysfunctional. There is no doubt Justice Scalia’s death is big news; his vacancy is a political issue that must be debated, discussed and decided by our elected officials.

I agree with Governor John Kasich however that the immediacy in which the issue was thrust into a political fight is a bit disconcerting. Justice Scalia was a polarizing figure with many critics and supporters. Being a person who did not agree with his philosophy or world outlook does not permit me to outright deny that he possessed a gifted legal mind and was strongly principled, both of which are attributes that should be at the fore of any Justice’s character. Unfortunately a national reflection on these attributes seems to have been missed due to how quickly the nomination of his replacement overtook the news cycle.

The second reality however is inexcusable and fortunately a situation voters can unite to remedy. That reality is congressmen and women are not doing their job. Members of the Senate Judicial Committee outright refusing to consider a replacement on the Supreme Court is akin to one day showing up to work and refusing to carry out the duties one agreed to when a contract was signed. Senators should not be able to renege on their responsibilities at a whim, like any other citizen there is a job description that dictates what they are supposed to do at work; in Congress’s case it’s the constitution. The President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint... Judges of the supreme Court.” Pretty simple stuff. No where does it say you have to approve an appointment, but you must offer advice, vis-a-vis vetting the nominee and making a judgment about their ability.

This is one example of how dysfunctional the legislature at the highest level of government continues to operate. The issue is simple, please do your job, you are well compensated for it. If there is solace to be taken, it is that at least one of our elected officials gets it: “We should not let the election process stop us from doing our job. I think it’s a mistake,” said Senator Jon Tester about the confirmation process.

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