God Bless Justice Antonin Scalia
PHILADELPHIA (CBS) -- I've admired his brilliance and his faithfulness to the Constitution for decades. His appointment to the Supreme Court also represents one of the few times that Republican presidents didn't screw up in appointments to the Court.
Reagan screwed up with his desire to appoint the first woman with the appointment of Justice Sandra Day O'Connor. President George H.W. Bush refused to fight for his nominee and chose David Souter. President George W. Bush wanted to nominee Harriet Miers , his friend and a real estate attorney, and his appointment of Chief Justice Roberts is a miss due to his decision on Obamacare.
These misses reflect my view that the appointment of Supreme Court justices is at the top of the president's powers. Democrats don't fool around with this. President Obama waited only a matter of a few hours after the death of Scalia to say that he will be nominating someone very soon. This is a titanic political struggle and Republicans should resist in every way possible whomever nominates.
This situation will also help Senators Ted Cruz and Marco Rubio. Both will present specifics about their goal if elected president of betting someone who will follow the original intent of the Founding Fathers as codified in the Constitution. I don't Donald Trump will be able to reassure people about the type of justice would appoint. As far as Jeb Bush, my rule is to never trust a Bush with this big moment.
I've been honored to interview Supreme Court Justice Samuel Alito seven times. He always conveys to me that he is not a player in court cases but an umpire. He is the epitome of the brilliant strict constructionist and the type of person that Republicans should appoint.
My prediction is that the Senate can block President Obama from appointing anyone until January 3rd, 2017 when the term of the Senate ends. Between now and then they should explore how to prevent him from an appointment until a new president is in office.
