The American flag was placed at half-staff in honor of Supreme Court Justice Antonin Scalia in this photo published on Monday. Scalia passed away on Saturday.
Supreme Court Justice Antonin Scalia, who was known for his conservative viewpoints and his bold and outspoken approach in the court and in written opinions, was found dead at a Texas ranch on Saturday. He was 79.
With his death, the Supreme Court’s balance of liberals to conservatives gives way to a heavier weight on the former side, with four liberal leaning justices, three conservative leaning, and one moderate.
Immediately after his death was publicly announced, the Internet has been flooded with posts, articles, and tweets about the implications Scalia’s death has on upcoming presidential elections as well as the cases that are awaiting the Supreme Court’s decision. On Monday, two days after his passing, the subject remains on the headlines of major news sources.
Soon after the announcement of his death, President Obama has announced his intentions to nominate a new judge to take Scalia’s place. But conservatives in Congress have expressed their intention to refuse confirmation of the nominee.
“The American people should have a voice in the selection of their next Supreme Court Justice,” said Senate Majority Leader Mitch McConnell in a statement. “Therefore, this vacancy should not be filled until we have a new President.”
Senate Minority Leader Harry Reid, meanwhile, argued that leaving a seat vacant on the Supreme Court would be irresponsible.
“The President can and should send the Senate a nominee right away. The Senate has a responsibility to fill vacancies as soon as possible,” Reid tweeted.
“Would be unprecedented in recent history for SCOTUS to go year with vacancy. And shameful abdication of our constitutional responsibility,” he added in another tweet.
The late Supreme Court Justice Antonin Scalia in this photo taken on May 20, 2010.
Meanwhile, many have been weighing the impact of Scalia’s death on the numerous cases that the Supreme Court will be making a decision on in upcoming months. Several significant cases are pending, including a case on President Obama’s executive order on immigrant; a case regarding a Texas law on the requirements for abortion clinics; one regarding the contraceptives mandate included in the Affordable Care Act and its impact on religious groups; a case regarding the power of public unions; and another involving voting rights in districts.
“It has been an extraordinarily long time since the Supreme Court has been forced to deal with a departure that occurs in the middle of the term, as the court does here with Justice Scalia’s death,” University of Chicago law professor Justin Driver told the New York Times. “This event almost certainly throws many cases that had been tentatively decided by 5-4 margins into grave doubt, and will likely require the justices to reassess many opinions.”
If the upcoming cases are met with a 4-4 tie in the Supreme Court, the Court could decide to let the lower court decision stand, or to have the case again for re-argument during the next term which begins in October.
