On Mon, Dec 5, 2016 at 9:20 PM, Senator Marco Rubio
Dear Mr. Fahey,
Thank you for writing me regarding the Supreme Court of the United States. As we honor the life of Antonin Scalia and reflect on this consequential moment in American history, I greatly appreciate hearing your thoughts and concerns.
While a wide array of life experiences and values have shaped the way I see America and the world, Antonin Scalia has been the single most important influence on my view of the Constitution and the proper role of judges in our Republic. I believe all judges, and especially Justices of the U.S. Supreme Court, should put the original meaning of our Constitution ahead of their policy preferences. Justice Scalia is the exact model for future nominations to the highest court in the land: a brilliant legal mind who served with honor, distinction and the sole legal objective to interpret and defend the Constitution as written.
As your Senator, one of the most important roles I have is the opportunity to provide advice and consent on the President’s judicial nominations. Federal judges serve lifetime terms, during which time they make decisions that impact the property, liberty, and even lives of Floridians. To warrant confirmation, judicial nominees must demonstrate not just legal excellence, but also the ability to put the rule of law above themselves.
With respect to the vacancy on the Supreme Court, I will join my Senate Republican colleagues in insisting that President Obama not tip the balance of a closely divided Supreme Court in this presidential election year. Article II of the Constitution grants the President the power to nominate a candidate to the Supreme Court and the Senate the power to provide its advice and decide on whether to grant or withhold its consent to the President’s nominee. In modern times, no President has filled a vacancy on the Supreme Court that arose during a presidential election year. T here is a good reason for this. Waiting until after the election to fill Justice Scalia’s seat will allow the American people a voice in determining the direction the Court will take in the coming years.
It is an honor and a privilege to serve you in the United States Senate. I appreciate you offering your opinions on the Supreme Court, and will keep them in mind as Congress addresses related issues. If I can ever be of assistance to you, please do not hesitate to contact me.
United States Senator
United States Senator
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