Justice Scalia’s unexpected death could work a profound change in Supreme Court jurisprudence, for the Court today is narrowly balanced between liberal and conservative wings, with the conservative wing usually able to command a five person majority. Justice Scalia’s votes did not place him at the Court’s extreme right (Justices Alito and Thomas can claim that honor), but on most issues he was as reliable a supporter of the conservative position as anyone with whom he served. If Justice Scalia is replaced by a Justice who is anywhere to the left of Justices Kennedy and Roberts, even one as conservative as Sandra Day O’Connor, numbers of decisions will have a more liberal slant. Much is at stake, and battle lines in a consequential game have already been drawn.
http://www.brookings.edu/blogs/fixgov/posts/2016/02/15-scalia-supreme-court-nominee-game-theory-lempert
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