Impact of Justice Scalia’s Death on Pending Supreme Court Cases - McDermott Will & Emery

Impact of Justice Scalia’s Death on Pending Supreme Court Cases

Overview


Miller Baker, assessing in this nationally televised interview the US Supreme Court’s even split between liberals and conservatives following the death of Justice Scalia, said “absolutely there is a possibility of a 4-4 tie” when the Court considers a challenge to mandatory public union dues. Mr. Baker added there is also “a distinct likelihood of a 4-4 tie” in a ruling on the Fifth Circuit’s rejection of President Obama’s immigration actions.