Coverage continues to pour in following the death of Justice Antonin Scalia. Shashank Upadhye reviews Justice Scalia’s impact on IP law for Law360 (subscription required). At Slate, Mark Joseph Stern writes that “Americans will view him as one of the greatest Supreme Court justices rather than an arch-conservative,” Dahlia Lithwick examines Scalia’s legacy of making “originalism the rule by which every justice had to live,” and Eric Posner contends that Scalia contributed to the politicization of the Court. In an interview conducted by Amy Goodman for Democracy Now!, Kimberlé Crenshaw, Linda Hirshman, and Scott Horton discuss Scalia’s legacy on civil rights issues. For crImmigration, Andrea Sáenz notes Justice Scalia’s “consistent votes for noncitizens in cases involving the immigration consequences of criminal convictions”.
Commentary concerning the upcoming confirmation process and potential nominees to replace Scalia also continues. At Forbes, Michael Bobelian looks at the historical precedent for a nomination in a president’s last year in office, Rick Hasen writes for Election Law Blog on his predictions for the confirmation fight, and in The New York Review of Books Gary Willis argues that what “the framers of the Constitution set out to prevent was a popular say in who should be a Supreme Court justice.” For Slate, Jamelle Bouie considers what may happen should Republicans prevent the filling of Scalia’s seat, and Dahlia Lithwick considers a list of candidates to fill the now-vacant seat.
Others write on the impact of Justice Scalia’s death on specific cases, including on the cases of former Virginia Gov. Bob McDonnell and New Jersey Sen. Robert Menendez, from Josh Gerstein at Politico; and Hank Lacey at Natural Resources Today looks at the effects of Scalia’s death on the environmental cases before the Court. In Juan González’s interview for Democracy Now!, Ian Millhiser, Linda Hirshman, and Scott Horton discuss the now-split Court on major issues and a shortlist of potential nominees.
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