Supreme Court Justice Antonin Scalia passed away in his sleep the night of February 12, after serving on the Supreme Court for thirty years. A Harvard Law graduate, Scalia was appointed to the Supreme Court in 1986 by President Ronald Reagan. While in office, the conservative justice advocated originalism in constitutional interpretation and state sovereignty. Since Scalia’s death, politicians have not only been discussing who might succeed him, but also what effect his death may have on the upcoming presidential election. If you’re wondering why Scalia’s death should matter to you, here are some reasons why.
Partisan gerrymandering could be limited
Gerrymandering is the practice of drawing lines of voting districts in order to give one party an advantage. In many states currently, the Republican Party is opposing the voting districts drawn by independent, non-partisan organizations. The conservative justices on the Supreme Court, including Scalia, are not as concerned with investigating the voting districts as the liberal justices are. With the possibility that Scalia’s successor is a liberal, unfair voting districts may finally be redrawn fairly.
There may be less court opposition to abortion
Scalia did not believe that abortion should be legal and was actually scheduled to be on the bench for the upcoming case, Whole Women’s Health v. Hellerstadt. This case is a challenge to the 2013 Texas law attempting to close most clinics across the state. While Scalia’s opinions on abortion are still popular with many conservative voters, a liberal judge on the court could make a difference for a woman’s right to choose.
There may be stronger gun control
Due to increased reports of gun violence, many Americans believe there should be stronger restrictions on gun ownership and use. Scalia however, believed that the Second Amendment protects the right of every citizen to own a gun and to practice self-defense. It could be bad news for gun rights activists if the next member of the court doesn’t hold that same view.
The Supreme Court may become more diverse
Although the court has become more diverse over the years, there are still minorities not represented. If President Obama is able to appoint a new judge before the end of his term, there is a chance he will choose one of the many viable candidates from backgrounds not currently represented.
Scalia’s seat may remain empty, for now
Many conservative politicians are saying that President Obama should not appoint the next Supreme Court Justice and would rather that the next president do it instead. President Obama plans to move ahead in his plans to fill the empty seat, but he is dependent on the senate to conduct a hearing for his nominee. If the senate refused to hold a hearing, as presidential candidate Ted Cruz is suggesting they do, then no judge will be appointed to office until the next presidential term begins.
Scalia’s death adds a new challenge to both upcoming court cases and the presidential election. Upcoming court cases will be affected whether Scalia’s seat remains unfilled or President Obama manages to find a successor. The new justice has the potential to change the balance of the court. The empty seat also has the power to change the balance of the presidential election. Voters may be swayed by the presidential candidates’ suggestions for the office or deterred by candidates who wish to slow the process. Because the office of federal judge is earned by appointment only, there is not traditionally a way for voters to influence the next appointment. Because of the upcoming election and the opposition to President Obama among candidates, voters may be able to express their opinion just by casting their vote for president.
