U.S. Supreme Court returns to work with glaring vacancy
Source: Reuters
U.S. | Fri Sep 30, 2016 | 10:41am EDT
U.S. Supreme Court returns to work with glaring vacancy
By Lawrence Hurley | WASHINGTON
The U.S. Supreme Court opens its new term on Monday in uncharted territory, with an vacancy on the bench on a presidential Election Day now certain for the first time since Abraham Lincoln won re-election in 1864 at the height of the Civil War.
While the eight justices will start to hear oral arguments on a range of issues including religious rights, insider trading and intellectual property, attention will be focused on the Nov. 8 presidential election that will determine who will get to replace Justice Antonin Scalia, who died on Feb. 13.
In Lincoln's time, Chief Justice Roger Taney, author of the notorious pro-slavery Dred Scott decision, died in October 1864, just weeks before the election. After Lincoln won re-election, he appointed the anti-slavery Salmon Chase as chief justice in December 1864. That tipped the ideological balance of the court in Lincoln's favor, according to legal historian Paul Finkelman, who teaches at the University of Saskatchewan College of Law in Canada.
In a step with little precedent in U.S. history, the Republican-controlled U.S. Senate has refused to consider confirmation of appellate judge Merrick Garland, President Barack Obama's nominee to replace Scalia, saying the next president should make the appointment. Obama's term ends on Jan. 20. Congress is now in recess until after the election.
[font size=1]
-snip-[/font]
Read more:
http://www.reuters.com/article/us-usa-court-term-idUSKCN1201JP