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SCOTUS News, Week of November 6th, 2016: Election Week Shuffle

The big SCOTUS news this week, of course, is that we now know who will appoint a Justice to fill Antonin Scalia’s seat. Early Wednesday morning, Donald Trump crossed the threshold of 270 electoral votes needed to become the next U.S. President.

With Trump’s election, the ninth seat will most likely be filled by a more conservative, constructionist Justice. This means the balance of SCOTUS will remain relatively close to where it has been for many decades. This may provide the folks over at FantasySCOTUS with a modicum of solace. We won’t have a new Justice confirmed until at least late January, though. We have two and a half more months of a session hamstrung by an eight-person bench.

Other News This Week

– Elsewhere in election land, Ohio Democrats attempted to file a restraining order before the election. Whom was this filed against? The suit was aimed at Trump supporters, who many believed would engage in voter intimidation. Justice Ruth Bader Ginsburg denied this case. She rightly pointed out that Ohio already has voter intimidation laws on the books, just like many other States. To wit, in the election’s aftermath it appears there was virtually no ballot skulduggery. Just a lot of incredulity.

– The Court granted the State of Arizona a stay for an appeals court case seeking to overturn a ban on early ballot collection.

– The Court granted certiorari to Coventry Health Care of Missouri, Inc. v. Nevils. This case will look into whether a Federal law pre-empts State laws regarding benefits and reimbursements to Federal employees under the FEBHA.

The election is over. Many questions now loom large in the hearts and minds of Americans. LexPredict will keep you up to date on the big news from SCOTUS. Stay tuned.