In a strong op-ed to the Wall Street Journal, Sen. Ted Cruz has laid out a powerful case why President Obama's expected nominee to the Supreme Court should not be confirmed by the US Senate. Instead, the nomination of the next Justice should wait until the People have a say through the election of the next president.
In the op-ed, Cruz points out what is at stake with the appointment of the next Supreme Court Justice. He predicts that an Obama nominee will subscribe to the president's view that the constitution is a "living document" and should evolve with the times. As such the Second Amendment could be eviscerated in terms of individual gun rights, as would key elements of the First Amendment, and we will have a series of illegitimate decisions that invent "constitutional rights" such as those that redefined marriage and created a right to abortion.
Senator Cruz lays out a compelling historical case against the Senate moving a nominee forward in the final year of a lame-duck president. Cruz noted that you have to go back to 1888 to find a circumstance where the Senate controlled by the party opposite the president confirmed a Supreme Court nominee this late in a presidential term. He notes that then-Senator Obama held a similar view that a justice should not be confirmed under these circumstances, as did Joe Biden when he chaired the Senate Judiciary Committee, as did Harry Reid the current Democratic leader in the Senate and Chuck Schumer the incoming Democratic leader.
NOM has endorsed Senator Cruz for president because he is a champion for marriage and because he, better than any other candidate, knows the importance of making Supreme Court appointees. Not only did Cruz serve as Solicitor General of Texas and personally argue numerous cases before the US Supreme Court, but he was once a clerk to then-Chief Justice William Rehnquist and knows the workings of the Supreme Court intimately.