Ted Cruz was first out of the gate among the Republican presidential contenders insisting that President Obama should keep his hands off the nomination of Antonin Scalia’s successor. “Justice Scalia was an American hero,” Cruz tweeted, when the news of Scalia’s death was an hour old. “We owe it to him, & the Nation, for the Senate to ensure that the next President names his replacement.”
Scalia would have been a more influential justice, pundits have observed, if he’d been more political, forming coalitions and seeking middle ground. Instead, he blithely went his own way, letting the chips fall where they may. Like many people with strong opinions, he seemed to prefer bright opponents to mediocre allies: he’s famous for his friendship with liberal Justice Ruth Bader Ginsburg, and David Axelrod tells us he proposed Elena Kagan for the Court long before Obama nominated her. Just as headstrong but without the charm, Cruz has no apparent gift for friendship with anybody, friend or foe. In the tiny Supreme Court, where it’s impossible to simply ignore someone you despise, Cruz might have a galvanizing effect. By turning everyone against him, he could usher in a new progressive era enshrined by a series of 8 to 1 decisions in favor of whatever he doesn’t like.