This article originally appeared in the Boston Herald on Feb. 21, 2011.
Not so long ago, many states celebrated Abraham Lincoln's birthday on Feb. 12 and George Washington's on Feb. 22. Today, the nation celebrates "Presidents' Day," a three-day weekend, custom made for skiing and car sales.
Since the news of the passing of Justice Antonin Scalia, legal and political commentators have discussed the possibility of an Obama recess appointment to the Court; the infrequency of election-year nominations to the Court (the last election-year nomination was in 1932, before Justice Scalia was born); the 1968 filibuster of Associate Justice Abe Fortas' nomination as Chief Justice; and various arguments for and against a vote on a nominee this year.
Those on the Left who would like to see an Obama nominee replace Justice Scalia point out that the people have spoken: they elected Obama in 2012, knowing that he could appoint more Justices to the Court. Conservatives may reply that the people also spoke in 2014, when they gave Republicans a solid majority control of the Senate.
