Commentary

With a Court Ruling Unlikely, States Still Hold the Key to Checking Union Power

By Ben Boychuk
Thursday, March 03 2016

Justice Antonin Scalia’s death last month was a terrible loss for the U.S. Supreme Court and for the country. Scalia was one of the sharpest minds ever to sit on the High Court. And he was one of three reliably originalist votes on the court (the other two being Clarence Thomas and Samuel Alito). His replacement, whomever it may be, will pale in comparison. As a practical matter, however, Scalia’s death has thrown the court’s 2015-16 term into chaos. Several cases that would have been split 5-4 with Scalia in the majority may well end up deadlocked at 4-4. In that event, the…

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