Scalia's death ignites jiggery-pokery

Flags were lowered at half-staff over the state capitol and across the University of Memphis campus in honor of Supreme Court Justice Antonin Scalia. 

Justice Antonin Scalia passed away on Saturday from an apparent heart attack at 79 years of age. 

He was appointed by President Ronald Reagan in 1986 and served almost three decades as a Supreme Court justice. 

Scalia is widely associated with his majority opinion in District of Columbia v. Heller, a 2008 case in which the court held that the Second Amendment protects an individual’s right to gun ownership. 

“Justice Scalia was known as an ‘originalist’ when it came to interpreting the constitution,†Andrew Jay McClurg, professor and Herbert Herff Chair of Excellence in Law, said. “He believed it should be interpreted based on what the framers meant at the time it was written.â€Â 

The unexpected death of Scalia has raised questions over who will be appointed as his successor and how that will come about. 

“Many of the most important Supreme Court cases are decided by a five to four vote,†McClurg said. “Without Justice Scalia, we will now face cases with a four to four split. This is why the selection of his replacement will be particularly contentious.â€Â 

President Barack Obama announced he intends to fulfill his constitutional responsibilities and nominate a candidate to replace Scalia in the Supreme Court. 

The president appoints Supreme Court justices who must then be confirmed by the Senate. Under the current laws, this requires 60 votes. 

This will be difficult to achieve in our current political climate given there are only 46 Democratic senators in office, McClurg said. 

“The Senate holds confirmation hearings where they hear testimony from the nominee and others before holding a vote,†Demetria Jackson, assistant professor of law at the U of M, said. “However, this time around many senators have already pledged to drag out the process through a filibuster until the next President is elected.â€Â 

Obama’s decision to nominate a replacement for Scalia comes on the heels of statements made by Republicans on the campaign trail and in the Senate who feel Scalia’s seat should not be filled until a new president is elected. 

Supporters of Obama’s decision to nominate the next Supreme Court justice oppose leaving a seat in the Supreme Court vacant for more than a year. 

“It’s an election season,†Jackson said. “Both parties want to do what they can do gain representation in the Supreme Court. If that means preventing the President from nominating Scalia’s successor then so be it.â€Â 

In light of Scalia’s death the court is not sitting this week, according to Time Magazine. 

The court will resume hearing arguments on Monday and will likely continue deciding on cases — both those that have previously been argued and those that are scheduled for argument this spring — with just eight justices instead of nine. 

In cases in which there is a four to four tie, the opinion of the lower court will stay in place. 

Photo by Heather Khalifa SHFWire.com