All the hubbub about the death of Supreme Court Justice Antonin Scalia!!  We’re going to be haunted by his ghost for months.  Why?  Because politicians and short-sighted people will delay the appointment of a new justice for months.

Does this really make sense?

In the decision of Roe vs. Wade the Supreme Court “found” rights, not written in the constitution, but hidden in between the lines . . .   Ever since, conservatives went nuts, with understandable reason.  The democrats pushed-back.  Now we always have a stand-off whenever a new justice will be appointed.  With the death of Justice Scalia and an election year, the process will be worse.  Many people fear the selection of a new justice will either support the future of the country or destroy it!!  (We have presidential candidates warning that the future existence of America depends on the correct selection of one man/woman!)

Is this concern blown out of proportion?  What would the ghost of Justice Scalia say?

I could write for pages on this.  Instead, I’ll tell you the story of a former justice and his record.

When Dwight Eisenhower became president in 1952, he owed favors to many people.  The governor of California, Earl Warren, had made the nominating speech for Eisenhower at the Republican convention.  Warren was instrumental in gaining support in the west for Eisenhower.  Warren started his political career as the prosecuting attorney in Oakland, California.  A law and order man if there ever was one.

Eisenhower chose Warren for the supreme court assuming Warren would continue his “law and order” philosophy.   He would rule for the conservatives.  Warren went one to become the biggest champion of criminal defendant’s rights in the 20th century.  He ruled quite often contrary to what conservatives expected of him.  Eisenhower later said that his appointment of Warren was “the worst damn decision I ever made.”

William O. Douglas had been the chairman of the Securities and Exchange Commission—at the center of big government and big business.  Yet, he became the greatest champion of environmental rights—against the interests of big business quite often—of the 20th century.

Here’s my simple point:  No one can predict what a person appointed to the Supreme Court will do in the future.  All the questioning and political maneuvering could mean nothing.  Instead, let’s pick a person who is qualified by their legal experience—not for their “potential” political ideas.  The ghost of Justice Scalia may even laugh if we dropped all the political posturing in the selection process.