Readers React: The Apple-FBI fight and filling Scalia’s vacant Supreme Court seat

To the editor: The Times’ well written and reasoned editorial only briefly discusses the impact of having just eight justices serving on the U.S. Supreme Court after the death of Justice Antonin Scalia. (“The GOP wall of Supreme Court nomination obstruction is showing cracks,” editorial, Feb. 19)

The fight between the FBI and Apple is about to become a perfect example of what might happen if the Senate fails to do its constitutional responsibility and vote on filling the vacancy.

A federal judge has compelled Apple to assist the FBI in unlocking the iPhone used by one of the San Bernardino shooters. Apple has refused on a number of grounds, so it seems this case will soon land before the Supreme Court with enormous implications for the public.

If the court hears the case and splits along ideological lines, a 4-4 tie could leave a lower court ruling compelling Apple to assist the FBI in place.

Such a split would probably be repeated on a number of important cases, including ones on immigration and unions. To avoid such a judicial deadlock, senators must put politics behind them and do their job.

Jay Slater, Los Angeles

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