Texans are split on what should happen with the United States Supreme Court vacancy, left by late Justice Antonin Scalia.
U.S. Senator John Cornyn, R-Texas, has led the Republican charge in Washington opposing President Barack Obama’s nominee for Supreme Court justice.
In March, Obama announced that he selected Judge Merrick Garland to fill the seat. That decision angered many Republican lawmakers, like Cornyn, who argue the choice should be up to the next president because it is an election year.
“I believe that we should not confirm an Obama judge at this late point,” Cornyn said during his trip to Austin last week, “and that we ought to give the voters in the presidential election a chance to choose the next president who will then make that appointment along with perhaps two or three more to the supreme court during the next presidency.”
Cornyn stood by his decision to not meet with Garland on Tuesday. As the senate majority whip, Cornyn said he will deny Garland a confirmation hearing and vote so that the next president can select a nominee.
“I believe that Texans, and all Americans deserve a say in this decision,” Cornyn said in a YouTube video released by his office on Tuesday. “That’s why I join my Republican colleagues on the senate judiciary committee in deciding that the next president will fill this vacancy.”
However, some Texas lawyers are saying political party aside, if a decision is not made there will be big implications for Texas.
“The worst case scenario is no confirmation in the foreseeable future,” Terral Smith, chairperson of the Austin Lawyer Chapter of the American Constitution Society said.
Right now the Supreme Court is split 50/50 between left and right leaning justices. Smith said this means important split decisions will be left in the hands of the lower courts ruling or worst case scenario result in a high court gridlock.
“I think it’s critical that we have nine justices,” Smith said. “You have a lot of problems when you have split, you have different decisions in the different circuit courts, and that’s the reason that there are nine and not eight justices, is so the decision will be made.”
Smith said a split court could be detrimental for several big cases in front of the Supreme Court this year.
In June, the Supreme Court is expected to make a decision on whether the 2013 Texas state law, House Bill 2, places an “undue burden” on women seeking an abortion.
A ruling is also expected later this year over the constitutionality of the University of Texas’ admissions program and the state’s top 10 percent rule.
