With Scalia gone....

[627PCFan]

The court is down to 8, I assume for the foreseeable future. If there's a 4-4 deadlock does the court default to the lower courts decision? Wouldn't that shift our desires to get our gun cases to the SC?

 

[Blackbeard]

Depends what the lower court ruled.

 

[CapnMac]

You need a constitutional scholar not an old naval officer.

But, for 2¢, what I remember is that SC is held in aeyance until nine can be seated. Anything before the Court remains there, on hold, until they seat nine.

 

[gbran]

Interesting article on this very subject.

http://www.slate.com/blogs/the_slatest/2016/02/13/how_scalia_s_death_effects_the_term_s_biggest_cases.html

 

[AlexanderA]

But, for 2¢, what I remember is that SC is held in abeyance until nine can be seated. Anything before the Court remains there, on hold, until they seat nine.

No, the Court can function with 8 Justices. But if there's a 4-4 tie, the decision of the lower court stands.

 

[joem1945]

Obama said he was going to submit some names. Can't he wait until the man is buried for crying out loud. Seems disrespectful to me.

 

[PapaG]

I believe in the case of a decision already made but not "handed down", they can hand it down or retry. In the case of a tie, it does defer to the lower court ruling.

 

[HexHead]

No, the Court can function with 8 Justices. But if there's a 4-4 tie, the decision of the lower court stands.

Though doesn't set national precedent.

 

[JackSprat]

Ruth Bader Ginsberg will most likely be urged to retire in the next week or two,and OBummer will try to play both sides against the middle..He will appoint the oldest unhealthy conservative he can find to please the Republicans,and he will appoint the youngest healthiest liberal,athiest communist for his base.

 

[Bobson]

Ruth Bader Ginsberg will most likely be urged to retire in the next week or two

Wouldn't surprise me. RBG will be 83 years old in a few weeks... Maybe not the oldest Justice to ever sit (or maybe she is, idk), but sticking around on the chance that another Democrat follows Obama in the WH seems like an unnecessary gamble. What are the odds she's got eight years of good health left in her, or even four?

Ginsburg should have retired last year and let Obama replace her. They took a risk, and it worked out now that Scalia's passed. Not to be insensitive, but let's face it, it works out well for the Democrats.

 

[HankB]

If the court deadlocks 4 - 4 that could lead to different Federal laws in different parts of the country; for example, if different district courts issue opposite rulings, a SCOTUS which can't resolve the differences would leave the individual district rulings in place, right?

As for Ginsberg retiring to give BHO a shot at 2 nominations . . . Ginsberg leaving would reduce the court to 7 - and I'd expect a lot of 4-3 decisions. Her prompt departure would reduce the urgency of confirming a new appointment. And I don't see BHO being happy with the loss of a left wing activist vote.

 

[Mike OTDP]

Losing Scalia probably does make a shift in strategy necessary. On the other hand, I've long believed that we've been too eager to fight this in the courts, instead of the legislature.

I'd be pushing hard for a Federal law preempting the power to regulate firearms, ammunition, and accoutrements to the Federal government. The power to regulate the militia is assigned to Congress by the Constitution. And there is precedent for the Federal government to intervene when "bad actor" states are not conforming to national standards of civil liberties...the Civil Rights Act and Voting Rights Act come immediately to mind.