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: , , , , , ,

Sign up for the Daily Update email

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

Readers also liked…

  • A response to police arrests becomes a tutorial on race, class and policing in Little Rock

    John Walker, the 79-year-old civil rights lawyer, and his associate, Omavi Shukur, 29, a young lawyer devoted to criminal justice reform, talked to press this afternoon about their arrests Monday by Little Rock police for supposedly obstructing governmental operations in observing and attempting to film a routine police traffic stop. It was a tutorial on sharp views of race, class and governance in Little Rock.
    • Sep 29, 2016
  • 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
  • Donald Trump declares war on Hillary Clinton's marriage

    Donald Trump gave a remarkable interview to the New York Times yesterday in which he declared open season on the marriage of Bill and Hillary Clinton and Bill Clinton's past infidelity. Seems like a loser, but I've been wrong before.
    • Oct 1, 2016

Most Viewed

Most Recent Comments

  • Re: The Saturday line

    • "rabid dogs" Only serves to validate the original criticism of Drumpf's "animal" quip & the…

    • on May 20, 2018
  • Re: 10 dead in Texas high school shooting

    • Kinda proves the point, jhudd, they didn't believe in evil, but there it was, for…

    • on May 20, 2018
  • Re: The Saturday line

    • Well, considering how most of the media has behaved over Trump's comment, rabid dogs is…

    • on May 20, 2018



© 2018 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation