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scaliaThe death of Judge Scalia brings out another problem besides the well discussed one of who gets to replace him. It is a problem that is largely overlooked by those running for president and those who have vowed to block President Obama’s ability to appoint a new justice of the supreme court.

It is likely that President Obama will not get a nominee confirmed before his term ends. If he manages to get a nominee confirmed, it will probably after a long and protracted battle by both political parties.

In the meantime there are a number of important cases set to come to the attention of the supreme court.

Friedrichs v. California Teachers Association
Issue: Public sector union rights

Evenwel v. Abbott
Issue: One-person, one-vote

U.S. v. Texas
Issue: Whether states can challenge federal immigration policy

Whole Woman’s Health v. Hellerstedt
Issue: Abortion

ubik v. Burwell
Issue: Obamacare’s contraception mandate

As it stands, if there is no replacement for Scalia in the immediate future, the future of the above cases and others will lie NOT with the Supreme court but with the lower courts.

This is because in the event of a split vote between the conservative and liberal justices, the decisions by the lower courts would stand.

This would mean that the Liberals would win some important cases and the Conservatives could win some important cases as well.

It is therefore more important to watch the decisions of the lower courts as they now stand to be of much greater importance than those of the Supreme court.

Stay tuned