Why the four-four Supreme Court split is bad for Arkansas | Arkansas Blog

Thursday, June 2, 2016

Why the four-four Supreme Court split is bad for Arkansas

Posted By on Thu, Jun 2, 2016 at 3:34 PM

click to enlarge timthumb.jpg
People for the American Way, the progressive interest group, has delivered a briefing on why the Republican roadblock to filling a vacancy on the U.S. Supreme Court until next year is bad for the country and, specifically, Arkansas.

President Obama has nominated Merrick Garland to fill the late Antonin Scalia's seat. But Republican senators say they wont even consider the nomination. Arkansas's two senators, John Boozman and Tom Cotton, are adamantly opposed to allowing an Obama nomination to fill the seat, though the roadblock is unprecedented.

The blockade means the Court is split 4-4 on many important cases, a fact that — with differing opinions among the U.S. circuit courts — means the country lacks a uniform rule of law.

The interest group points out two cases of  interest in Arkansas because they arise in our judicial circuit:

* In Hawkins v. Community Bank, the Court split 4-4 on the question, can an applicant for a bank loan be required to have his/her spouse guarantee the loan? As a result of the Court’s split, conflicting lower court decisions remain in place, which means that a loan applicant in Arkansas can be required to have his spouse guarantee a loan, but in neighboring state Tennessee, there can be no such requirement.

* Next term, the Court will hear Trinity Lutheran Church of Columbia. v. Pauley, in which a Missouri church argued that their religious liberty was infringed upon because while Missouri’s Establishment Clause prohibits state aid to churches, the secular work they are seeking aid for doesn’t violate the federal Establishment Clause. A 4-4 split could leave in place the 8th Circuit’s decision against the Church, which would affect Arkansas, but would fail to affect states who joined amicus briefs in support of the church like Louisiana and Ohio.
Sens. Cotton and Boozman frankly don't give a damn.

Tags: , , , , , ,


Comments (4)

Showing 1-4 of 4

Add a comment

Subscribe to this thread:
Showing 1-4 of 4

Add a comment

More by Max Brantley

  • Darren McFadden arrested on DWI at Texas Whataburger

    Darren McFadden, the former Razorback football star, was arrested for DWI Monday after being reportedly found asleep at a Whataburger drive-through in the Dallas area.
    • Jan 21, 2019
  • News and the open line on King Day

    M.L. King Day: The open lines and a roundup of headlines and comment.
    • Jan 21, 2019
  • Governor lauds King, but there's work to be done

    Gov. Asa Hutchinson has made several public appearances today as part of the observance of King Day and his remarks have included lauding the state's 2017 action (and his own) in ending the dual observance of King's birthday with that of a man who fought to preserve slavery, Robert E. Lee. I have one brief observation on his remarks:
    • Jan 21, 2019
  • More »

Readers also liked…

  • Is Arkansas in or out on Kobach voter data effort?

    The Washington Post has published a map that counts Arkansas as among states that will "partially comply" with a sweeping request for voter data by the so-called election integrity commission set up by Donald Trump in an effort to cast doubt on Hillary Clinton's 3 million-vote popular defeat of him in 2016.
    • Jul 2, 2017
  • Greenbrier's paddling of student protester goes worldwide

    The paddling of Greenbrier High School students who joined in te national school walkout Wednesday has produced headlines worldwide.
    • Mar 17, 2018
  • Rep. Mary Bentley's website now supports gay rights

    Somebody has cybersquatted on Republican Rep. Mary Bentley's website, replacing her messaging with a call for equal rights for LGBTQ people.
    • Jul 18, 2017


Most Recent Comments


© 2019 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation