“Scalia’s Death Sets Up Collision,” declared the February 16, 2016 Wall Street Journal headline. A day earlier, the Los Angeles Times headline warned, “Supreme Showdown in the Works.”
Republican leadership called on President Obama to let the next president nominate Scalia’s replacement. In response, Mr. Obama challenged Republicans to offer a plausible rationale for their position stating, “The Constitution is pretty clear about what is supposed to happen now.” The Republicans have been unable to provide substantial legal authority to support their claim of an election year exception to the nominating process.
If President Obama were to nominate a potential justice, the Senate Judiciary Committee would gather information, schedule hearings, call witnesses, debate the merits of the particular nominee, then make its recommendation to the full Senate for its vote.
At this point, it would appear that the only plausible options are numerous contentious hearings or weeks or even months of a deadlocked, eight-member Supreme Court.
There is a third, better option. President Obama should nominate Judge Judy.
Judge Judy is the perfect replacement for Justice Scalia. In fact, 10 percent of college graduates believe that Judge Judy is already on the Supreme Court.
“There is a crisis in American civic education. Survey after survey shows that recent college graduates are alarmingly ignorant of America’s history ... They do not know the Father of the Constitution, and nearly 10% say that Judith Sheindlin – “Judge Judy” – is on the Supreme Court” laments the American Council of Trustees and Alumni in a recent report.
Judge Judy has to be on any thinking person’s shortlist. She has been described as having a “sharp-tongued approach to finding the truth. Her quick wit makes people laugh out loud,” according to a CBS press release. Justice Ginsburg recently described Scalia as “a jurist of captivating brilliance and wit, with a rare talent to make even the most sober judge laugh.”
This post originally appeared on abovethelaw.com.
Jon Pfeiffer is an experienced entertainment and copyright trial attorney practicing in Santa Monica. Jon is also an adjunct professor at Pepperdine University in Malibu, California where he teaches Media Law. COM 570 covers First Amendment issues as well as copyright, defamation and privacy.