The 2016 Presidential race holds more weight than most Americans will want to admit. On one side there are two candidates that are vying for the Democratic nomination and on the other side you see a field that contains five candidates vying for the Republican nomination. The next President of the United States may have the power to sway the Supreme Court to either a liberal majority or conservative majority. Cases concerning the death penalty, abortion, and the affordable health care act are still up for ruling. If the Supreme Court does not rule on these cases during the Obama administration that means the next President will oversee these key–mark decisions. The decisions coming from those three issues will carry weight for generations to come. The death of Justice Antonin Scalia to light the ages of the justices are more in play between now and the end of the next President’s first–term ending.
The current eight justices are Justice Clarence Thomas (67), Chief Justice John G. Roberts (61), Justice Anthony M. Kennedy (79), Justice Ruth Bader Ginsburg (82), Justice Sonia Sotomayor (61), Justice Stephen G. Breyer (77), Justice Samuel A. Alito, Jr. (65), and Justice Elena Kagan (55). Age will be a factor over the next five years as Justices Ginsburg, Kennedy, and Breyer will either have surpassed the age of 80 years old or just barely reach it within the next five years. Depending on who is elected President this coming November, he or she will have the power to pick which way the vote of many landmarks cases will go– either conservative or liberal.
It is important for the millennial generation to make the right decision this coming November because who they trust to be Commander -in-Chief will also be the person to most likely supply the Judicial branch with new faces for the next coming thirty or so odd years, depending on the ages of those who will replace Justices Ginsburg, Kennedy, and Breyer.
The problem comes into play with the death of Justice Scalia, according to a CNN article, “Justice Scalia’s vote, therefore, will not be counted in any case this year that has not already been issued. Obviously, in any case where there is a majority without him, the decision still will be forthcoming.”
The quote is saying that any cases that were decided by Justice Scalia while he was alive will stand, but pending cases not viewed by him will not receive a ruling. Most times cases from the Supreme Court will have an outcome of 4-4. If this happens, the previous court’s ruling stands. The circuit courts of the U.S. now have a bigger role when ruling on cases that may cause a 4-4 tie in the Supreme Court. The balance of America’s justice system will be out of balance until a new justice is appointed.
The unexpected death of Justice Scalia was tragic. The importance of one person holds so much weight in the U.S. His death puts pressure on the Obama administration and the majority Republican Senate as they begin to battle over who the next justice will be. Obama will likely pick a qualified candidate and allow the Republican Senate to reject him or her, allowing the American public to believe that the Republicans are willing to hold out until after January to allow Obama’s predecessor to make the decision. The plan, while intelligent by the Republicans, is also ignorant because they are willing to hold hostage a fragile justice system just to gain a stronger advantage in the Judicial Branch.
If the Republicans are able to hold out somehow until January, America’s vote on who becomes the next President will hold an incredible amount of weight. So, before you brush off these debates and primaries, pay close attention to the two candidates standing in front of you come November. That one simple vote can either push our nation forward or backward in both the Judicial and Executive branches of government.
