U.S. Supreme Court may be at turning point, UCI law school dean tells Newport audience

More than 100 Newport Beach residents and dignitaries rose early Thursday to hear from UC Irvine School of Law Dean Erwin Chemerinsky about how the U.S. Supreme Court may be headed to a new era following the death of Justice Antonin Scalia.

“Everything changed in the Supreme Court on Saturday, Feb. 13, when Justice Scalia died,” Chemerinsky said at the Wake Up Newport event presented by the Newport Beach Chamber of Commerce. “If you look at the past decade, on average … 10 cases a year were 5-4 with Justice Scalia. There were five instances since Feb. 13 where the justices split 4-4.”

After about 45 years with a conservative majority, the major rulings of the recently completed Supreme Court term show there are no longer five conservative-leaning votes, Chemerinsky wrote in a commentary for the Los Angeles Times last week.

At the Wake Up Newport event at the Newport Beach Public Library, Chemerinsky focused on several high-profile cases handled by the Supreme Court since Scalia’s death, including Fisher v. University of Texas and United States v. Texas.

The Fisher case was brought by Abigail Fisher, who alleged she was denied admission to the University of Texas, Austin, because she is white.

On June 23, the Supreme Court voted 4-3 to reject the challenge to the university’s consideration of race in its admission policy. Justice Elena Kagan did not vote because of her previous work on the case.

On the same day, the court deadlocked 4-4 in United States v. Texas, involving President Barack Obama’s attempt to protect from deportation unauthorized immigrants who are parents of citizens or lawful residents.

Chemerinsky also touched on cases this year involving access to contraceptives and protections for abortion rights.

He used some of his time to discuss what the future of the Supreme Court may hold.

“Since 1960, 78 is the average age which a justice has left the bench,” Chemerinsky said.

This summer, Justice Anthony Kennedy will turn 80 and Justice Stephen Breyer will turn 78. Justice Ruth Bader Ginsburg is 83.

Scalia was 79 when he died.

“The next president, especially if he or she serves for two terms, has likely three or maybe four seats to fill on the United States Supreme Court,” Chemerinsky said. “Whether you see yourself as conservative or liberal or if you identify as a Republican or Democrat … this affects all of us, our most intimate and important aspects of our lives.”