The death of Justice Antonin Scalia, the most important voice on the Supreme Court in decades, has plunged the nation into a constitutional crisis. With the Supreme Court evenly divided across ideological grounds, a virtual stalemate exists until another judge is appointed. President Obama has pledged to nominate another justice but will undoubtedly be hindered by the Republicans in the Senate. In the current term there will be an immediate impact on how the eight-person court will rule in several important cases, including abortion, contraception, union voting rights, affirmative action, immigration and the status of Puerto Rico. The next justice could well sway the balance.
There is a strong precedent appointing Supreme Court justices during an election year. According to ThinkProgress, the Senate has confirmed 17 Supreme Court justices during an election year, most recently in 1988 when the Senate confirmed Anthony Kennedy.
Scalia was an aggressive proponent of the concept of "originalism," claiming the U.S. Constitution should be interpreted in the context of the 18th century era when it was written. Perhaps his most galling decisions was to vote with the majority in Bush v. Gore case to stop the recounting of ballots in Florida, securing the presidency for George W. Bush – and voting with the majority in the Citizens United case, opening the floodgates for unlimited corporate spending on election campaigns driving a stake into our crumbling democracy.
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