Scalia's Death Probably Flips Big Cases

The extinction of unions and affirmative-action programs seems less likely now.

The arguments will go on.

Photographer: Drew Angerer/Getty Images

How will the death of Justice Antonin Scalia affect the major cases before the U.S. Supreme Court this term, all of which are expected to be decided by the end of June? The answer doesn’t depend entirely on how Scalia would’ve voted. It also depends on a necessary rule of procedure: When the Supreme Court is divided equally, it upholds the decision below.

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