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How Scalia’s Death Affects This Term’s Biggest Supreme Court Cases
Slate ^ | 3/14/16

Posted on 02/14/2016 6:43:04 AM PST by DeathBeforeDishonor1

Because of the death of Justice Antonin Scalia, the Supreme Court will likely be left with just eight justices for the rest of its term—four reliable liberals, three reliable conservatives, and one Anthony Kennedy, who leans to the right but has traditionally acted as the court's swing vote. Since Senate Republicans have already said they are not in any hurry to confirm a new justice so long as President Obama remains in office, we're probably about to witness a number of deeply important cases end in a 4-to-4 split this year.

And what happens then? When a Supreme Court case winds up in a tie, the justices typically issue a short per curiam opinion upholding the decision of the lower appeals court. That means this term's heavily anticipated rulings on public sector unions and voting representation are likely to end in liberal victories by default. But there’s a catch: Those lower court rulings won’t apply outside of their own jurisdictions, meaning the issues could be litigated all over again in future cases brought elsewhere in the country. Meanwhile, cases on immigration and abortion rights are still sitting in Kennedy's hands and thus could still result in at least temporary conservative victories. Finally, affirmative action as we know it could meet its end with a 4-3 decision.

Here's a brief rundown of how Scalia's passing will (or won't) affect the biggest cases of this term.

(Excerpt) Read more at slate.com ...


TOPICS: Miscellaneous
KEYWORDS: docket; lawsuits; scalia; scotus

1 posted on 02/14/2016 6:43:04 AM PST by DeathBeforeDishonor1
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To: DeathBeforeDishonor1

I want more details about the circumstances surrounding his death. It should happen but probably won’t that the food he ate that evening be tested, that a tox screen be done and probably a full autopsy, and anything else his security detail decides is appropriate. There are a lot of people who wished him dead not the least of them the occupier of the oval office.


2 posted on 02/14/2016 6:56:54 AM PST by Mercat
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To: DeathBeforeDishonor1

And all of this time we thought the U.S. Constitution and not the justices’ party affiliation was used by these unelected buffoons to make their “important” decisions about how we live here in OUR country. Silly us. The Supreme Court is a fraud.


3 posted on 02/14/2016 6:57:05 AM PST by FlingWingFlyer (02-13-2016. America's Blackest Day.)
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To: FlingWingFlyer

You just won post of the day.


4 posted on 02/14/2016 7:05:32 AM PST by optiguy
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To: DeathBeforeDishonor1

Placemark!


5 posted on 02/14/2016 7:18:10 AM PST by Guenevere (If.the foundations are destroyed, what can the righteous do....)
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To: DeathBeforeDishonor1
three reliable conservatives

Huh? The only RELIABLE conservative left is Clarence Thomas, and Scalia was his guiding light.

Here's the way I'd break it down:

Kennedy -- Lukewarm conservative, unprincipled and wishy-washy
Thomas -- as hardcore as Scalia, and every bit as articulate; no doubt devastated by this development
Ginsburg -- so far left she can see behind herself
Breyer -- firmly in the lefty rank
Alito -- iffy conservative, along the lines of Kennedy and Roberts
Roberts -- his rulings on faux marriage and obamacare show him to be undependable, and certainly not a constitutionalist
Sotomayor -- lefty
Kagan -- lefty

I don't know if there even ARE any constitutionalists left in this country on the lower benches, but if there are, you can be sure obumbo isn't going to nominate one.

6 posted on 02/14/2016 7:42:32 AM PST by IronJack
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To: FlingWingFlyer

Make sure you speak up when the constitution is amended.


7 posted on 02/14/2016 11:56:13 AM PST by huldah1776 ( Vote Pro-life! Allow God to bless America before He avenges the death of the innocent.)
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