Post Justice Antonin Scalia: The Challenges That Lay Ahead

Vantage Points Header Joel ElvesonA SCANT TWENTY-FOUR HOURS have passed since the untimely passing of Justice Antonin Scalia. Both sides of the political aisle are putting laser like focus on who the nominee should be, shouldn’t be and who should the responsibility of the nominating the jurist to replace Justice Scalia. The ideology of the nominee on sensitive social issues such as abortion and same-sex marriages will loom large in the process as will be the First and Second Amendment.

Ahead of the process alluded to above is the disturbing innuendo (aka vicious rumors) that Justice Scalia did not die of a heart attack as has been reported but rather suffocated with a pillow over his face so that the Supreme Court could be tilted philosophically towards liberal doctrines. While an autopsy was not performed (at the request of the family) there is no evidence to support that foul play was indeed the cause of death as opposed to a heart attack which is listed as the official cause of death.

Roe V Wade will be continually debated until that time when a vote to overturn what is tantamount to legalized murder of unborn children arrives. The law vs the rights of unborn children and who will protect them is a key challenge that awaits the new member of the bench. Will the new jurist continue status quo or will he or she have resolve backed up by an impressive docket of cases that the new jurist adjudicated to get this issue re-voted on to ensure the law is reversed?

The new Justice will be called upon to possibly go against his or her political philosophy to protect the Second Amendment which is “ the right of the people to keep and bear Arms, shall not be infringed.” The Pro-Gun lobby has correctly interpreted the law to mean that gun ownership for such purposes as self-defense is legal. The challenge will be to either uphold this constitutional amendment or allow President Obama or a successor such as Hillary Clinton or Bernie Sanders to place their own interpretation into place. Despite the waves of gun violence that have occurred putting restrictions on this amendment or simply abolishing it would carry disastrous consequences to the point that those who own guns will be those who obtained them illegally with less than honorable motives behind their ownership.

Rewinding to last week’s Super Bowl Half Time Show where a performer (Beyonce’) mistook the First Amendment (right of free speech) to mean that it is okay to manipulate public opinion against Law Enforcement Officials (aka Police Officers) to the point where glorifying a group of racist hate mongers whose mantra encourages the murder of the afore-mentioned. In the days that followed gun violence against Police Officer have spiked. Our right of free speech was never intended to be used as a vehicle to incite violent behavior. The new Justice must not only safeguard this right but make sure that any deliberate “misinterpretations” as ostensibly was the case last week makes the inciting party an accessory to any violent acts committed as a result of their inflammatory actions.

Yet another challenge will be to decide on the future of legalized gay marriage and what definition is used to determine if marriage is as it has always been intended to be a union between a man and a woman or does marriage include not only gays but transgender and alike couples. Can or will the new Justice keep to Justice Scalia’s thinking which included taking into account the risk of harm these unions put to children that are either adopted or born into these relationships.

As we choose our next President in November we must remember that this individual will be in a position to shape the court to a left or right leaning philosophy due to anticipated vacancies on the bench during the first tenure of the new administration. The voting public must be fully cognizant that the person they choose as President will be somebody who will appoint a judge that will either uphold the Constitution or continue of the path of destruction that the liberals have set foot upon.

There are many challenges in what will now be known in the post Justice Scalia and post President Obama era that will l hand overhead. The reigns of leadership now more than ever must be handed over to the person who is deemed best equipped to handle them.

R.I.P. Justice Scalia. Your country thanks you for all of your years of service to the people of this great and proud nation.


Joel Elveson
Joel Elveson
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  1. If there is a suspicious death, the coroner (or other certified official, justice of the peace in Texas) does have full authority to override the family. Further, the first certifier (justice of the peace) certified death by telephone. When the second JP was notified, an autopsy was requested. I do not know the Texas law.

    • 1775concord, Thank you first of all for reading my article. I am very impressed by your legal knowledge. If I may ask do you personally feel that Justice Scalia’s death was from natural causes or a political homicide. I look forward to hearing back from you.

    • Thank you. I just plain don’t know. With his age and weight he was surely a prospect for a heart attack. But heart attacks can be produced. Pillow over the head??? Not enough info. But, if they can kill Andrew Breitbart and Joan Rivers they can kill anyone.
      Also…someone from humid Washington, D.C spending a full day breathing dry air in west Texas could have easily become dehydrated, further leading to possible heart attack.

    • 1775concord Thank you for your response. I was unaware of any of the information you provided. Many seemingly healthy people have died due to sudden heart attacks. I am not one to see a conspiracy in everything that happens.