Justice Antonin Scalia's Death Could Shift Supreme Court Power, Intensify Immigration and Abortion Battles
Even as the praises for Supreme Court Justice Antonin Scalia poured in from all fronts, the mother of all partisan battles appeared to be taking shape as to what should happen in the wake of his demise.
After learning of the 79-year-old Scalia's death, The L.A. Times reports President Obama ordered flags at the White House lowered to half-staff, but he is already on record in asserting he plans "to fulfill my constitutional responsibilities to nominate a successor in due time."
Meanwhile, the newspaper adds Majority Leader Mitch McConnell of Kentucky has been just as adamant in making clear the Republican-controlled Senate does not plan to act until after the November election in filling the Scalia vacancy; the hope being a GOP presidential victory will allow for the installation of a fellow conservative in the now vacant seat.
Scalia's Death Could Shift Court's Balance of Power
Almost all agree Scalia's death drastically alters the balance of power on the nation's high court, which up until now had been divided between five conservatives and four liberals. Democratic appointees have not held a majority on the court in more than four decades.
Scalia's death also figures to have an instant and lasting impact on the court's immediate schedule, which this term was slated to hear cases on the long contentious issues of immigration and abortion.
Immigration Battle Could Grown Even Hotter
This spring the court was set to render a decision on President Obama's immigration orders shielding roughly five million people who entered the U.S. without legal authorization or either overstayed the terms of their visas from deportation.
A federal judge in Texas previously blocked the administration from proceeding with its plan, prompting the White House to file an appeal. Scalia's death could now leave the high court deadlocked on the issue, thereby legally upholding the lower court's verdict on the matter.
While such an outcome would still block the administration from proceeding with its plan, it could pave the way for a future Democratic president to re-litigate the issue.
As early as in March, the court is also scheduled to hear arguments in an abortion case from Texas that was expected to decide whether states can adopt overly-strict medical regulations that have led to the shuttering of many abortion clinics. So far, the court has temporarily blocked the Texas rules from taking effect, a decision that might remain in effect if they cannot make a formal ruling in the case.
Both Democrats and Republicans alike have pointed to the case as a critical showdown, but without Scalia the justices may not have a majority to rule on the matter one way or the other.
According to USA Today, among the GOP leaders publicly agreeing with the stance taken by McConnell are 2016 presidential hopefuls Ted Cruz and Marco Rubio.
Insisting that the nation owes it to Scalia's legacy, Cruz argued that his colleagues should "ensure that the next President names his replacement," while Rubio added "the next president" should pick a new justice in the mold of Scalia."
Republican front-runner Donald Trump did not make mention of the nomination process in a statement he released praising Scalia for what he deemed his strict adherence to the letter of the Constitution.
Democratic presidential candidates Hillary Clinton and Bernie Sanders have also weighed in, with Clinton insisting Republicans who want to delay the appointment of a new justice "dishonor our Constitution."
While pointing out that he disagreed with Scalia on many fronts, Sanders praised him as "a brilliant, colorful and outspoken member of the Supreme Court."
Subscribe to Latin Post!
Sign up for our free newsletter for the Latest coverage!