It’s sickening to me how quickly we started seeing vile comments directed at Justice Scalia after the announcement of his death. It’s also ironic since he is one of the best examples of how to appreciate and value people while still disagreeing with them. For those who don’t know, he really was very close with Justice Ginsberg, the towering liberal voice on the court.

It should be obvious then, the predictable reaction to that disgusting display would be for others to push back and say a replacement for Justice Scalia should wait until we have a new president. It is an entirely normal reaction to the gross jubilee of celebrating the passing of a person who did not act through ill will but through a genuine love of the Constitution. If you have a different view of how the founding document should be interpreted, fine, but don’t denigrate the integrity of another who believes otherwise. Instead, try to convince others you are right – that is how Justice Scalia would do it. He interpreted the Constitution the way he did not because he was conservative, but because he was an originalist. It is a philosophy! Don’t try to convince me instead that Justice Scalia was a horrible person, because he was not. There are some horrible people in the world, but he was not one of them.

With the president being such a demonstrably divisive figure, advocating for a delayed approach to the replacement is not that unusual of a response. I was disappointed in the president’s announcement yesterday – first because he projected such a dull affect reflecting on the passing of Justice Scalia. I think he just pulled the bio from the SCOTUS website and read that. And he hadn’t even read over it ahead of time since he stumbled over the words. Justice Scalia, like him or not, will be one of the jurists whose opinions throughout time will be elevated to those alongside Cardozo, Brandeis, Learned Hand, and Oliver Wendell Holmes. So Mr. President: One more time, with feeling.

The second thing the president did, which is what he always does, is scold us. It’s fine that he said he would nominate a replacement because everyone is asking that question. But then he goes on and subtly threatens the Senators that they will have enough time to do their job – implying, “They better not delay!” You know, why? Why does he have to do that every time? To those who support the president, news flash – this doesn’t encourage anybody to do their job, it cultivates resentment – the opposite of leadership. This scolding doesn’t endear me to our dear leader, so I do not imagine it does much for elected representatives either.

With regard to a replacement, at the least, moving through the process should be in accordance with the tenants of the Constitution. There is no time limit. The replacement does not need to happen immediately either. The Court functions just fine with less than 9 members. We are also approaching the summer recess after April arguments when no more cases will be heard until October. This is a life appointment, so calls to push through a replacement are out of line too. We should move forward in due course. If we wait for a new president, there is no guarantee that half of the country will get a president they like anyway, so there is no reason to unnecessarily delay the process.

Trying to engineer a delay without a guarantee of a more acceptable nominator could lead to disastrous results. I think that plan would give us one of those “be careful what you wish for” moments. I have no doubt the president would use a shady recess appointment if the opportunity presents itself. However, it is not in the spirit of the Constitution, but when has that stopped him before? SCOTUS appointments are always critical, but this one is monumental. Allow the president to make his nomination, but then the Senate should do their job with a thorough vetting process. If the nominee doesn’t cut it, give him or her the down vote. Just follow the rules. That’s what everybody should be able to agree on.

Let’s move forward with the process, but let it be with due regard to the sober contemplation for the historical implications that it deserves. That is the best way to honor Nino.