The death of Justice Antonin Scalia has left a vacant seat on the Supreme Court, and for the GOP the timing could not be worse. It is the President’s Constitutional duty to appoint Supreme Court justices, and the current president happens to be a Democrat. In response, the GOP majority Senate has declared that they will refuse to confirm or even hold a hearing for Scalia’s replacement, which Senate Majority leader Mitch McConnell claims is based on principle.
If the GOP’s refusal to fulfill their duty seems like petty political maneuvering, it is. McConnell and the other party leaders must realize that the tradition argument doesn’t hold water historically and are either hoping for a Republican to win the Presidency in November, or are pandering to their base by attempting to roadblock Obama in some manner before he leaves office. Either way, this could make this year’s Supreme Court session a mess.
Last week the Court heard oral arguments on a series of cases under the umbrella of Zubik v. Burwell, which presented the issue of whether religious nonprofit organizations can refuse to provide contraception due to their sincerely held religious beliefs. Based on the questions the justices asked during oral arguments on March 26 it appears that the court is evenly divided, with Justices Ginsberg, Breyer, Sotomayor and Kagan likely to rule against the religious nonprofits, and Alito, Roberts, Kennedy, and Thomas likely to rule for them.
When the Court comes to an equal ruling, it means that the lower federal court’s decision stands and does not become controlling law nationally, and in Zubik, that would mean that the organizations suing the government would be required to continue providing cost-free access to contraception.
The lack of a ninth Justice might be more acutely felt in a case that heard oral arguments earlier this month, Whole Woman’s Health v. Hellerstedt. This case deals with the extremely restrictive Texas abortion laws passed in 2015. While the oral arguments were held while Justice Scalia was still alive, the eight remaining Justices will hold deliberations and hand down the final written decision.
As of right now, the Supreme Court has prevented the law from going into full effect, pending a full deliberation on the merits. The SCOTUS decision to halt the law from taking effect was made last year, and just deciding to place a stay on the law was a five to four decision, as close as it gets. With only eight Justices sitting on the bench, another four to four decision could produce the same result as the Zubik case, where the 5th Circuit’s Court’s decision to let the law be enacted as written would hold. This would be a disastrous and dangerous decision for the women of Texas, depriving them of a Constitutionally granted right.
Still left on the docket during this term includes a pivotal 4th amendment search and seizure case, testing the Constitutionality of several laws that make it a crime to deny a blood alcohol test during a DUI stop. So when the GOP drags their feet over frivolous political squabbling, there are real legal rights at stake, and the American people are the ones who will suffer.
Featured Image via Lady Parts Justice League.
