Sunday, February 14, 2016

Consequences of Scalia's death

Jonathan Chait, writing for New York magazine, gave one example of the effect of Justice Scalia's death:

"The immediate and easily foreseeable impact is staggering. Last week, the Supreme Court issued a stay delaying the implementation of Obama’s Clean Power Plan. The stay indicated that a majority of the justices foresee a reasonably high likelihood that they would ultimately strike down Obama’s plan, which could jeopardize the Paris climate agreement and leave greenhouse gasses unchecked.

"Without Scalia on the Court, the odds of this drop to virtually zero. The challenge is set to be decided by a D.C. Circuit panel composed of a majority of Democratic appointees, which will almost certainly uphold the regulations. If the plan is upheld, it would require a majority of the Court to strike it down. With the Court now tied 4-4, such a ruling now seems nearly impossible.  Even if the Senate does not confirm any successor, then, Scalia’s absence alone reshapes the Court."
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Completely apart from whether President Obama gets his replacement nominee confirmed by the senate, and how that shapes the court going forward, there are those cases that have already been heard in arguments this term, but decisions not yet handed down.   This may change how some of them will turn out, as well as other landmark cases yet to be heard this term.   I don't think we realized how much difference one day in the life and death of one justice can make in the laws of our land.

Ralph

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