Politicized....

Justice Thomas: 'We're destroying our institutions'

By LOUIS NELSON

That the judicial nomination process has grown so politicized in recent years is evidence that Washington “is broken in some ways,” Supreme Court Associate Justice Clarence Thomas said Wednesday.

Speaking at the conservative Heritage Foundation, Thomas did not directly address the vacancy left on the high court when Associate Justice Antonin Scalia died suddenly in February. But when asked about the open seat, he replied, "At some point, we have got to recognize that we’re destroying our institutions," according to a Bloomberg report.

Republicans have steadfastly refused to hold a nomination hearing for Merrick Garland, President Barack Obama’s appointee to replace Scalia, insisting on waiting until after the presidential election before the seat is filled. Democrats have been largely unsuccessful in their efforts to pressure the GOP into taking up Garland’s nomination.

With Scalia gone and the Republican Senate in no hurry to replace him, the court's eight justices are split evenly along ideological lines. That four-four tie has left the court unable to settle some contentious cases, reverting to the lower court’s ruling when the justices are deadlocked. But in an interview earlier this week, Associate Justice Stephen Breyer said such narrow decisions are relatively rare and added that the court has functioned before with an even number of justices.

Sen. Ted Cruz (R-Texas) agreed, suggesting this week that his party could indefinitely block the Supreme Court nominations of a Democratic president. The conservative firebrand said “There is certainly long historical precedent for a Supreme Court with fewer justices.”

Thomas, who was himself confirmed only after a contentious hearing that focused on allegations of sexual harassment against him, said the popular notion that the Supreme Court is an overly politicized institution is at least partially the fault of the court itself.

"I don’t think people owe us, reflexively, confidence. I think it’s something we earn," he said. "Perhaps we should ask ourselves what have we done to not earn it or earn it."