Supreme Court Justice Antonin Scalia was found dead in his sleep on a ranch in Texas, in early 2016. Immediately, President Obama announced he would nominate someone to fill the vacancy. Senate Republicans, however, knowing that Obama was in his last year in office, vowed not to confirm anyone until a new president was elected. This vacancy had an effect on the outcomes of several cases that were set to be decided by the court in its term. For example, in the case of United States v. Texas, the question was whether an executive action by President Obama toward immigration reform that would stop the deportation of unauthorized immigrants through his Deferred Action of Parents of Americans (DAPA) program was constitutional. Having only eight justices on the court resulted in a 4–4 tie, which meant that the U.S. Court of Appeals decision to block the executive action would stand. In another case, Friedrichs v. California Teachers Association, a 4–4 vote was a win for organized labor because it meant that the Ninth Circuit Court of Appeals decision would be affirmed. The case involved a group of California teachers who argued that having to affirmatively opt out of the union each year or pay their fees for collective bargaining is a violation of their First Amendment rights. The U.S. Court of Appeals agreed with the district court that precedent allowed the teacher’s union to engage in this practice, so those choosing not to join would have to opt out annually or pay the union dues. Without a ninth justice, the 4–4 tie affirmed the lower court’s decision that favored the union. Respond to the following questions: 1. Should the rules be changed so that if there is a vacancy at the SCOTUS it must be filled in a timely manner so that there are no 4–4 tie decisions that an odd-numbered justice court was set up to avoid? 2. Did these individuals waste their time appealing to the U.S. Supreme Court and did their cases get denied fair appellate review because the court had a vacancy and the Senate refused to confirm a new justice? 3. Should the court stop making decisions on cases until the Senate ensures they are fully staffed?
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