Supreme Court cases likely to be split

In the hours after Scalia’s death at a Texas resort was announced, Democratic and Republican leaders have signaled a nasty fight is brewing over his replacement. Republicans want to wait until after the 2016 election. Democrats want someone while President Obama is still in office.

While Congress battles over a replacement, with no decision expected by the end of the court’s term in June, several major cases may not get a decision. If the court splits 4-4 on a case then it would essentially defer to the lower court’s ruling on that case.

Here are some of the major cases the court is expected to decide term:

• Abortion: On March 2 the court will hear the biggest abortion case in years. The case is a challenge to a Texas law implement several restrictive regulations on abortion clinics and providers. If the court votes 4-4, then the lower court’s ruling affirming the law stands.
• Power plants: One of Scalia’s last acts was to vote to stay the Clean Power Plan while the D.C. Circuit Court of Appeals hears the case, an act that the lower court had refused to take. The D.C. Circuit Court of Appeals is generally seen as a more liberal court and, therefore, could rule in favor of the administration and put the Clean Power Plan back into effect. If a 4-4 tie is reached, the D.C. court’s decision would stand and the Clean Power Plan would stay in place.
• Unions: The case of Friedrichs v. California Teachers Association is over union fees and also expected to be decided 4-4. The lower court ruled against plaintiffs fighting the union fees as part of a strategy by the defendant to get the case to the high court as soon as possible, according to the Center for Individual Rights, which has been taking up the case.
• Affirmative Action: Fisher v. University of Texas challenges the affirmative action admissions policy for the university. It may still lead to a decision though. Justice Elena Kagan has previously recused herself.
• Immigration: This case centers on President Obama’s prior order to defer deportation for millions of illegal immigrants. Led by Texas, about 26 states said that Obama went too far with the 2014 order. A federal judge already put the order on hold until the court makes a decision.
• Obamacare: A group of nuns wants to challenge Obamacare’s compromise surrounding birth control coverage. The case Zubik v. Burwell focuses on whether religious nonprofits such as charities and universities can get an exemption to the birth control mandate in the Affordable Care Act. A lower court found the compromise wasn’t a burden.

Examiner Energy and Environment Reporter Kyle Feldscher contributed to this report.