The high court now stands at 5-3 ideologically with conservatives having the majority.
WASHINGTON — Ruth Bader Ginsburg's death, ending one of the most remarkable careers in American legal history, leaves the Supreme Court under a cloud of uncertainty as it prepares to begin its new term in two weeks, with questions about who will put her successor on the court, when will that happen and how will it affect some of the major cases on the docket — including the fate of Obamacare.
Because it takes five votes to prevail, the court might plunge ahead in deciding some of the term's major cases. Another case, a legal dispute between a Catholic charity and the city of Philadelphia, asks the justices to decide whether there's a religious freedom exception to nondiscrimination laws. The court considered but eventually ducked that question two years ago in the case of a Colorado baker who refused to provide cakes for same-sex weddings, saying it would violate his religious beliefs and freedom of expression.
One of Ginsburg's closest friends, Nina Totenberg of National Public Radio, reported that a few days before her death, the justice gave this statement to her granddaughter:"My fervent wish is that I will not be replaced until a new president is installed." If the election is a close one and some state results are disputed in court, those legal battles might still be raging. In 2000, the country didn't know whether the next president would be George W. Bush or Al Gore until the Supreme Court decided the Florida recount case in mid-December.
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