Thomas Jefferson School of Law Professor Emerita Marjorie Cohn: How Justice Scalia’s Absence Has Affected the Supreme Court

July 5, 2016

If Justice Antonin Scalia had survived to participate in the remainder of the 2015-2016 Supreme Court term, his vote would have made a significant difference in the resolution of several cases. Moreover, if the Senate had confirmed Merrick Garland to fill Scalia’s seat, some of those cases might well have turned out differently. From unions’ rights to tribal jurisdiction, immigration and birth control, Scalia’s absence has already impacted a number of important decisions, foreshadowing how the country might be shaped by substantial changes to the court’s makeup over the next president’s term. 

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