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Scalia Still 2

What Are the Implications of Not Having Scalia On the High Court?

Faith and Freedom with Liberty Counsel’s Mat Staver and BarbWire’s Matt Barber… An 11-minute weekday radio program discussing hot topics in the area of religious liberty, the sanctity of human life and the family.

What are the implications of not have Justice Scalia on the bench? Having only eight justices there now? And what are the implications of replacing Justice Scalia with someone who’s completely opposite to his view that you should maintain the original intent of the Constitution.

Mat Staver: Matt, let’s talk first of all about the cases right now that are pending before the Supreme Court, some of which have been argued, some of which have been voted on by the Supreme Court, some of which are coming up for oral argument later this year. All of which are due to have a decision no later than June of this year.

First of all, with respect to the cases that are already there. Some cases have already been argued and the justices have voted on those cases — they’re in the “writing” phase. We don’t know if Justice Scalia was writing one or more of those opinions. We do know he was obviously writing some of those opinions — we just don’t know which ones. and we do know 100% that he was part of the vote of all of the opinions that have already been argued and the term is already more than halfway over.

So what happens to those cases Justice Scalia is a part of? Well, the best estimate and the best knowledge is that his vote will be voided . . .If he was in the majority, a 5 -4 majority, even if he was writing the opinion, his vote will likely become void and will ultimately tip the balance of that decision, making it perhaps a 4 – 4 decision.

Matt Barber: Yea…that’s not good news. And…there are a number of very important cases that the Supreme Court will be looking at in the second half of its term as you mentioned. And a number of things are in play here. Religious Liberty. The Little Sisters of the Poor case. there are cases relative to the Second Amendment…


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