Dive Brief:
- The recent death of U.S. Supreme Court justice Antonin Scalia will have a serious impact on employment law, both short- and long-term, according to an article at Forbes.
- Essentially, any employment-related cases expected to be heard by the Court this year now have a likely chance of being decided by lower courts – which have largely already ruled against employers – thanks to the current lack of a majority on the court. Most votes will now be 4-4, if justices continue to follow political lines.
- With that, cases that employers may have expected to be decided in their favor thanks to Scalia's vote likely will not come to pass, according to the article.
Dive Insight:
Cases involving public sector unions, class actions and the Affordable Care Act are no longer expected to be decided in favor of employers without Scalia's vote. However, one case dealing with affirmative action may be ruled in favor of employers because one of the liberal justices, Elana Kagan, recused herself from the case in question.
But employers should be mindful of events beyond the three cases that directly impact businesses. The Forbes article notes that even if Obama isn't able to successfully nominate a new justice before the end of his term, a Democrat could win the White House in the next election – meaning the vacancy left by Scalia's death could alter the employment law landscape for decades.
