Attorney Susan Nanes paid tribute to late U.S. Supreme Justice Antonin Scalia and commented on the state of the Court since his passing in her article, “Justice Antonin Scalia was a True Original. His Successor Needs to be More Than Just a ‘Fine Jurist,’” published this week in Disclaimer Magazine.
Though she didn’t always agree with Justice Scalia’s decisions, Susan admired his originality, stating that he “was every bit the legendary thinker and writer he’s been deemed.”
Susan calls for the next Supreme Court Justice to also bring his/her unique flair to the Court.
“A bench full of “fine jurists” not only bores, but doesn’t actually move our most important debates further when the most sensitive cases are in its playing field,” she said in the article.
Scalia’s unexpected death left the U.S. Supreme Court with an even number of jurors, leading to potential 4-4 deadlocks on some of the nation’s most serious issues. When there is a tie, the ruling from the lower court stands. Susan, a former law clerk to Pennsylvania Supreme Court Chief Justice Ronald D. Castille, understands the frustration that can occur when stalemate happens.
“If there are only six Justices on a case, and it ties 3-3, the net effect is… nothing,” she wrote. “The ruling of the lower court stands, so there’s still kind of a winner (whichever party won below), but no precedent is made and however much time and energy spent in our court on the case, it was ultimately just sound and fury, signifying nothing except countless deceased trees.”