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U.S. NEWSTuesday 16 February 2016

A group with “People for the American Way” from Washington, gather with signs in front of the U.S. Results in major US cases could
Supreme Court in Washington, Monday, Feb. 15, 2016, as they are call for Congress to give fair change following Scalia’s death
consideration to any nomination put forth by President Barack Obama to fill the seat of Antonin
Scalia. MARK SHERMAN
Associated Press
(AP Photo/Carolyn Kaster) WASHINGTON (AP) — The Supreme Court abhors
even numbers. But that’s just what the court will
Supreme Court vacancy highlights election stakes have to deal with, perhaps for many months, after
the death of Justice Antonin Scalia. Eight justices will
JULIE PACE ner Donald Trump would Obama could try to force a decide what to do, creating the prospect of 4-4 ties.
AP White House Correspon- nominate more liberal jus- nominee through the Sen- Here are some questions and answers about the ef-
dent tices and includes clips of ate this year. Even if that fect on the court of the death of its conservative
WASHINGTON (AP) — The the real estate mogul say- were to happen, a con- icon and longest-serving justice:
unexpected death of Su- ing he’s “very pro-choice.” firmation vote probably Q. What happens to cases in which Scalia cast a
preme Court Justice An- Democrat Hillary Clinton would be months away, vote or drafted an opinion, but no decision has
tonin Scalia, and the im- painted a similarly stark leaving the Supreme Court been publicly announced?
mediate declaration from scenario. in the center of the cam- A. It may sound harsh, but Scalia’s votes and draft
Republicans that the next “If any of us needed a re- paign during the nomina- opinions in pending cases no longer matter. Veter-
president should nominate minder of just how impor- tion process. an Supreme Court lawyer Roy Englert says that “the
his replacement, adds tant it is to take back the Former Attorney General vote of a deceased justice does not count.” Noth-
even more weight to the United States Senate and Alberto Gonzales, who ing is final at the court until it is released publicly.
decision voters will make in hold onto the White House, served in the Cabinet of Q. What happens if there is a tie?
November’s general elec- just look at the Supreme President George W. Bush, A. The justices have two options. They can vote
tion. Court,” Clinton said. said Monday that Obama to hear the case a second time when a new col-
Candidates in both parties Clinton has said the court’s has an obligation to select league joins them or they can hand down a one-
moved quickly to reframe makeup is crucial to pre- a replacement for Scalia, sentence opinion that upholds the result reached
the election as a referen- serving abortion rights and telling CNN that “the presi- in the lower court without setting a nationwide rule.
dum on the nine-member the legality of gay mar- dent has to do his job.” When confirmation of a new justice is expected to
high court’s future. riage nationwide. Gonzales said that the Sen- happen quickly, re-argument is more likely. In this
Texas Sen. Ted Cruz re- The court now is divided ate, likewise, has a role and political environment, the vacancy could last into
leased a new television between four liberal and should weigh Obama’s 2017.
advertisement Monday four typically conservative choice “on its own calen- Q. Why doesn’t the court like tie votes?
warning voters that con- justices. dar.” A. A major function of the Supreme Court is to re-
servatives are “just one Su- Obama pledged to nomi- With three other justices solve disputes among lower courts and establish
preme Court justice away” nate a replacement in over the age of 75, the next legal precedents for the entire country. Tie votes
from losing on issues includ- “due time,” even after Sen- president could have other frustrate those goals and they essentially waste the
ing “life, marriage, religious ate Majority Leader Mitch vacancies during his or her court’s time.
liberty, the Second Amend- McConnell said that re- tenure, even if Obama fills Q. How does Scalia’s death affect specific cases?
ment.” The spot also sug- sponsibility should fall to the Scalia’s seat.q A. It deprives conservatives of a key vote and prob-
gests Republican front-run- winner of the 2016 election. ably will derail some anticipated conservative vic-
tories in major Supreme Court cases. Next month’s
Supreme Court clash over contraceptives, religious
liberty and President Barack Obama’s health care
law also now seems more likely to favor the Obama
administration.
Q. What other pending cases could be affected?
A. A challenge to the way governments have drawn
electoral districts for 50 years now appears to have
little chance of finding a court majority. The court
heard arguments in December in a case from Texas
on the meaning of the principle of “one person, one
vote,” which the court has said requires that politi-
cal districts be roughly equal in population.
But it has left open the question of whether states
must count all residents, including noncitizens and
children, or only eligible voters in drawing district
lines.q