The Ghost Of Antonin Scalia Felt In Recent Supreme Court Decision

The impact of Justice Scalia's death is still being felt.

(Photograph by Franz Jantzen/Collection of the Supreme Court of the United States via Getty Images)

(Photograph by Franz Jantzen/Collection of the Supreme Court of the United States via Getty Images)

It seems pretty clear that this is a compromise born out of an eight-justice court, where the justices avoid saying anything on the merits and try to make the case go away. It’s not the first time they’ve punted since Scalia’s death, but it may well be the most brazen one.

Steve Vladeck, law professor at American University Washington College of Law, commenting on today’s decision in Zubik v. Burwell, the latest Supreme Court case about Obamacare. The justices voted 8-0 to send the case back to the appellate court, in the hopes of reaching a settlement.

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