by Jim Thompson
Justice Antonin Scalia’s death strips conservatives of the 5-4 advantage they had on the Supreme Court at a time when they were positioned to cement some of their longest sought legal gains in areas such as abortion, voting rights and affirmative action, says Tierney Sneed in Talking Points Memo. ACS Board members William Marshall and Adam Winkler provide commentary on the new balance of the Court and the ramifications of split decisions.
A split 4-4 decision in Friedrichs v. California Teachers Association would reaffirm the U.S. Court of Appeals for the Ninth Circuit’s ruling upholding the constitutionality of fair share union fees, reports Charlotte Garden at The Atlantic. Even if the Court holds the case for re-argument once a new justice is confirmed, these fees should remain legally sound through the 2016 election.
At The New Republic, David Dayen explains how America’s grandiose, non-stop electioneering precipitated the current constitutional crisis.
Dean Robert Schapiro of Emory Law School writes in The Conversation that Justice Scalia’s jurisprudence will be remembered more for its quotable rhetoric than its legal impact.