As we have learned over the years, particularly during its right wing reign, the Supreme Court giveth and taketh away. Within a week of sessions, the SCOTUS abrogated the Fourth Amendment and upheld affirmative action and abortion. Most recently, the court overturned the conviction of Bob McDonnell, the former governor of Virginia, on eleven counts of bribery, deeming his trial was conducted under dubious interpretations of “official act.”
What has been most interesting about the decisions is that they have occurred in an eight-person court since the death of Justice Antonin Scalia in February. In the abrogation of the Fourth Amendment, there was a 5 to 3 with the majority opinion penned by Justice Clarence Thomas. In this vote, Justice Anthony Kennedy swung to the right.
In the vote on affirmative action and abortion, Kennedy swung to the left, so he continues to be an unpredictable pendulum, though he tends to be a conservative stalwart rather than a liberal knight to the rescue.
His crucial vote would be of lesser consequence if the Republican-controlled Senate Judiciary Committee would agree to hold confirmation hearings on President Obama’s selection—Judge Merrick Garland—to replace Scalia.
But that appears to be a doomed proposition, and the Republicans are determined to stall the process until Obama vacates the White House.
Apparently, they are placing their bets on a Donald Trump victory with the hope that his nominee will be more to their liking.
A number of cases on the docket for SCOTUS will also depend on Kennedy’s vote, and much like the ruling on McDonnell, in which the nation will have to endure further rounds of “pay to play” in our governing bodies, the prospects of these outcomes are not good news.
When the court returns from summer break, one case of importance for Black Americans on the docket is how the eight will rule on who may sue mortgage lenders and housing operators for racial discrimination regarding housing matters. The case to be heard is a consolidated one—Bank of America v. Miami and Wells Fargo & Co. v. Miami. Congress has given permission to sue to enforce the Fair Housing Act’s equality provision. Lower courts are reportedly split on the issue.