Liberal majority now on court

Various so-called experts, analyzing the impact that Justice Antonin Scalia’s death will have on the Supreme Court’s decisions this term, concluded that the court will split 4-4.

But Scalia’s death actually changes the ideological composition of the court to 4-3 in favor of the liberals.

Stephen Breyer, Elena Kagan, Ruth Bader Ginsberg and Sonya Sotomayor have been classified as the liberal wing, and Scalia, Clarence Thomas, Samuel Alito and Chief Justice John Roberts comprised the conservative wing.

Anthony Kennedy has always been regarded as the swing vote courted by each side, so all decisions now necessitate the conservatives get Kennedy to side with them just to produce a 4-4 decision. Should he decide with the liberal wing, there could be a lot of 5-3 decisions this term and the next.

Senate Majority Leader Mitch McConnell and Judiciary Chairman Charles Grassley have pledged opposition to any nominee President Barack Obama submits to fill the Scalia vacancy. Republicans are anticipating prevailing in the November elections.

However, what if Democrats win the presidency and the Senate? President Hillary Clinton could nominate and the Democratic Senate confirm President Barack Obama as Scalia’s successor. So be careful what you wish for.

This story was originally published February 22, 2016 at 6:37 PM with the headline "Liberal majority now on court."