Sunday, February 14, 2016

Brawl for SC Seat is fine

There is difference between recognizing the political brawl for Scalia successor as a challenge to American Political System; and America needing to settle a Supreme Court judge relatively quickly to assert her calming voice on global markets as one Gina Chon argues. The latter argument is - failure to get Scalia successor exposes divisiveness of American System and demonstrates her inability to govern. No doubt, in today's deeply polarized Washington it is harder to govern. Finding Scalia successor is one Gordian Knot for Congress and President to cut. But that does not mean American politicians have to keep away politics and find some compromise court nominee just to calm global capital markets.[1]

Precisely because stakes are high in getting Scalia successor, it is fair that American Politicians thrash out those differences loudly. If it needs playing mud and brawl so be the case. The right response is not to push substantive political differences under the carpet.

Beyond the immediate need to fill Scalia seat, medium to longer term American politicians and American voters need to agree for a rule based system which will:
- put term limits for supreme court judges and
- set well defined rules, process to elect judges.

To address true challenges of vulnerabilities of American Political System, it is necessary that vacancy on Supreme Court should not cause so much turmoil. Until those fixes are in place, politics of selecting a judge has to play out. If that means uneasiness in Capital Markets, that is the price this democracy and republic has to pay.[2]


[1] - Xi Jinping needs to run his economy well and stop transporting Chinese Economy problems globally; that will bring lot more calmness to global capital markets.

[2] - Republicans in Senate and those on presidential campaign trail are demanding that President Obama wait and does not nominate any one. President Obama should try to bargain with Congress that he will let next President fill the Scalia seat provided Congress starts the constitutional amendment to fix supreme court term limit and selection process. That might not be a bad legacy for President Obama and if it means barring all Presidents from occupying Supreme Court, he should sign that too.

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