Supreme Court Justice Antonin Scalia dies at age 79

Conservative powerhouse Justice Scalia has passed away after almost 30 years of service to the US Supreme Court, leaving the political split of the US' highest court hanging in the balance.

J Main

Appointed by Ronald Reagan in 1986, Justice Scalia was approaching his thirtieth year as a US Supreme Court judge when he passed away at a Texas ranch on Saturday morning. Credited in The New York Times as the leader of America's 'conservative intellectual renaissance', Justice Scalia was a constitutional originalist whose eloquence, intellectual rigour and larger-than-life personality have drawn tributes from all corners of the US legal community, even from those who strongly opposed his political views and his vision of the US constitution. 'A lion of American law has left the stage, and it is up to all of us – every American – to keep our national constitutional dialogue as lively and as learned as he left it,' said US Attorney General Loretta Lynch of Justice Scalia's passing.

Window of opportunity

As one of the most staunchly conservative members of the bench, Justice Scalia was a crucial figure in the 5-4 conservative majority of the US Supreme Court. His death has now brought an even 4-4 split between conservatives and liberals, and the start of a heated political scramble for influence over the nation's top court. President Barack Obama has said that he will name a successor, potentially shifting the ideological balance of the court if the candidate can win the approval of the Republican-controlled Senate. '[Mr Obama] is president of the United States until January 20, 2017. That is a fact my friends, whether the Republicans like it or not,' commented Democratic presidential hopeful Hilary Clinton.

'Delay, delay, delay'

However, given the political stakes, winning Senate approval for a Democrat-appointed judge may prove nigh on impossible for the Obama administration. Republican figureheads and presidential hopefuls are demanding that appointing an individual with such profound influence over US governance and legislation be delayed until after the upcoming presidential election. Such a delay would give US citizens 'a voice' in the selection of their next Supreme Court judge, argued Republican Senate majority leader Mitch McConnell. Senator Ted Cruz, a candidate for the Republican nomination, has argued that the GOP could lose high court influence 'for a generation' if President Obama names a liberal successor. His position was echoed by rival Donald Trump, who called on Republicans to 'delay, delay, delay.'

For now, 4-4

Until the contentious vacancy is filled, the US Supreme Court will proceed with only eight judges, potentially complicating efforts to reach a majority decision in instances when the bench divides evenly. One of the most important cases on the agenda for the current term is a review of President Obama's use of an executive order to shield five million illegal immigrants from deportation on the grounds that they are the parents of US citizens or legal residents. Key decisions on abortion clinics, union fees and affirmative action are also pending. Sources: ABA Journal; BBC; Wall Street Journal; National Law Journal; Financial Times

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