[LostInBayport]

There is no constitutional provision, no case law and no official policy about what the court should do with cases that have been argued and voted on when a justice dies.

So this "writer" then opines that any cases already voted on by the nine should be discarded if Scalia's vote is one of five in favor or against.

Basically, she's saying that since the jurist died after voting but before opinions have been finalized, his vote should not count. Just another liberal columnist looking for a way to rig the game. Would she be saying that if Ruth Buzzi Ginsberg had been the one who died?

[RobbyS]

The term is over and any new judge would not have not had time to deliberate over the substance of the cases. He/she ought to recuse themselves anyway.