How Justice Scalia’s death is likely to affect pending Court decisions
Oral arguments in Fisher v. University of Texas and even more more so Friedrichs v. California Teachers’ Association suggested the Court would decide for the conservative position in both.
Now those cases are thrown into turmoil. The traditional response when a Justice dies after oral arguments but before a written decision has been to either affirm the lower court without setting precedent, or to order. Either option is at least a temporary setback for conservatives…
…Justice Scalia…was not merely a member of the conservative wing, he was its intellectual champion, and we will only be able to assess the implications of his death for the Court and country when we know who will replace him. A liberal taking Scalia’s seat could be transformative in a way President Obama only dreams of. A conservative replacement would maintain the status quo.
The Senate leadership has accordingly already asserted that it would not confirm any Obama nominee. If the Senate perseveres, this puts Scalia’s replacement and the fate of the Court in the hands of the 2016 presidential election winner. The Senate should not confirm any nominee that would change the balance of the Court, and GOP voters should nominate a candidate with deep and reliable conservative bona fides.
I am not sanguine about this.
All we can do is deluge the Senate with messages to our senators to Hold That Line.
I believe the words McConnell used were “should not” which sounds pretty squishy to me.
I was disappointed that in the debate, not a single candidate noted that Antonin Scalia dissented in the Kelo Case. What a missed opportunity that was.
I suspect the ‘fix’ may already be in, especially if Cruz is the nominee.
The aftermath in Scalia’s death if not definitive is troublesome. No protective detail of federal marshals in attendance. No autopsy. Declared dead of ‘natural causes’ without medical examination. Found with a pillow over his face. What basis is there for confidence that foul play was not involved?
What basis is there in the Senate republican’s prior history for confidence that the GOP won’t cave to media pressure?
…GOP voters should nominate a candidate with deep and reliable conservative bona fides.
Duh, I wonder who that does not include?
Geoffrey Britain:
I think he died of natural causes. But I also think they should have done an autopsy to silence at least some of the conspiracy theories (you’ll never silence them all, of course).
I’m worried about Smith v Parker involving the Village of Pender, Nebraska. If the law was any guide it should be 8-0 reversing the Eighth Circuit, but it might be 4-4 leaving the lower courts’ judgments standing.
I know Pender *very* well.
While the case, on its face, appears to be about the boundary of a the Omaha Indian reservation combined with statutory and case law interpretation, it is way, way more. If the Supreme Court doesn’t reverse, we are looking at Indians being able to tax non-Indians on real estate where they had no presence for 130 years. The kicker is that non-Indians can’t even vote in the Tribe’s elections!
This case is not as important as some, but it could be earth-shattering. Sonia and Elena sounded like they favored the Tribe. Back to blood.
neo,
Scalia may well have died of natural causes. Given the circumstances cited, determining the actual cause of death through an autopsy is a no-brainer, yes? Yet what we’re supposed to accept on faith is that, ‘there’s nothing to see here folks, now move along’. And every action in the aftermath creates an absolute zone of silence around his death. No conspiracies are needed to find that disturbing.
Who has confidence in the Republicans blocking an Obama nominee?
It seems when there is an important event it breaks for the Democrats. Almost as if fate is against the conservative cause.
Still looking forward to President Rodham.
Some liberal journalist pointed out how since 1911, no appointments that came in the final year of a president’s term was held up. Well…
I crunched the numbers, and in only ONE of the instances that writer pointed out was it less than one year from the time justice died until the next inauguration. So I think this little writer was being rather disingenuous. Of course, what can u you expect from those who carry the Democrats water?
This time, we’re looking at 314 days.
The death of Justice Scalia was a horrible shock. It was unexpected and it came at a crucial time. He, with Justice Thomas, were the conservative stalwarts who stood up for the constitution at every turn. Of course, the progressives hated them both, in life, and, as expected. in death.
I believe he died of natural causes, but, sans autopsy, doubts will linger.
Will the GOP stand firm against the pressure from the media and the Democrats to let Obama have a third pick? It is hard to hold out hope, given the GOP’s willingness to give in to progressives at every juncture.
Oy. Conspiracy theories. We conservatives are supposed to be the clear-thinking people, not the ones who fall for this kind of non-falsifiable stuff.
As for preserving “the balance of the Court”, I remember that kind of talk when Souter was nominated to replace Brennan. It’s loser talk. It’s a failure to make the case. The Supreme Court isn’t supposed to be balanced between the parties. The proper “balance” of the Court is 9 constitutionalists. The Court should be a balance against the voice of the people as expressed through the judicial and executive branches. Constitutional amendments are supposed to be the balance against the Court. That’s the argument we should be having, not an argument in favor of optimal stalling tactics.
@ Harold: I tend to agree. The Republicans are bendable, just like how the Democrats like them.
Come November the (D)s will make history again, because, ya know, they’re on the “right side of history” (the irony), and the USA will have its first female POTUS. All the LIV see Cruz as extreme, though not Sanders, and will either cast their vote for Trump or Rubio if they decide to go GOP.
Scalia’s death is a very grave loss to the defense of the Constitution and the United States. The death of Obama or Biden would pale in comparison.
We are rapidly becoming like Algeria when it had its first “free” election: One man, one vote, one time. Islamists won,and the Algerian military had to retake the country. 2016 looms very large. 92% of Fox TV viewers answering a non-poll poll say 2016 will make or break the country. They are right, I greatly fear.
The whole thing after Scalia was discovered dead was mishandled by “authorities.” Presidio County, TX is small, poor, mostly Mexican. The Presidio ME, a local GP, saw “no need” for autopsy when asked by phone, never saw the remains. The body was taken to an El Paso funeral home, and if an autopsy were to be done, news reports said it would be done at that funeral home (!) by an El Paso med examiner.
I simply do not understand why his body was not flown to DC for autopsy at the Naval Medical Center, Bethesda, or by the DC people.
Found dead at 11 am, was given the Last Rites at 3 pm….
Well Scalia dead pillow on face was not dumped in Fort Gramacy Park like Vincent Foster. (I think natural causes is the most likely explanation for Scalia, do not buy the suicide explanation for Foster… too many unexplained loose ends.)