As another freeper pointed out, he doesn’t need a new justice appointed, to be able to undo America by judicial fiat. Scalia was one of 4 conservative justices, there are 4 liberal justices, and there’s one who sometimes goes conservative and sometimes goes liberal. With Scalia gone, the MOST conservative votes there can be is 4, and that’s only enough to tie the 4 liberal votes. To overturn a lower court’s ruling you have to have a MAJORITY, not a tie.
IOW, the 9th Circus can do whatever “fundamental transformation” they want, and there will be no SCOTUS to overturn them. Right now.
“IOW, the 9th Circus can do whatever “fundamental transformation†they want, and there will be no SCOTUS to overturn them. Right now.”
But it would not be considered a Supreme Court precedent meaning other courts outside the 9th District would not be bound by the decision.