The Eight-Justice Supreme Court Strikes Again

A one-sentence non-decision on the First Amendment and the power of public unions frames the debate raging over Scalia's successor.

People for and against unions hold up signs in front of the Supreme Court building Jan. 11, in Washington, DC.

Photographer: Mark Wilson/Getty Images

In its latest deadlock of the post-Scalia era, the Supreme Court split 4-4 on an issue of vital importance to public-employee unions and their foes. In its inaction, the high court left in place one of its own key pro-union precedents and, more broadly, highlighted the stakes surrounding President Obama's pending nomination to replace Justice Antonin Scalia, who died in February.

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