Hans von Spakovsky, a Heritage Foundation fellow, last week argued that the Supreme Court should count the late Supreme Court Justice Antonin Scalia’s votes in cases in which the justices have already cast preliminary votes.
During an interview with American Family Radio’s Sandy Rios, von Spakovsky noted that after hearing oral arguments, the justices meet and cast votes in the case before writing the decision.
“So that’s the point at which they know how a case is going to be decided and the chief justice then makes assignments of who will write the majority opinion etc.,” von Spakovsky said, according to audio posted by Right Wing Watch. “I think the chief justice has an absolute obligation to give credit to Scalia’s vote in those cases that have already been decided, even if he didn’t write his opinion yet, because they know how he would have voted.”
This is, needless to say, absolutely absurd. There are no binding Supreme Court votes until the opinion is issued. The end. Although, admittedly, one can understand why Republicans might want to retroactively apply a “no backsies” rule as well as a “zombie [Republican] vote” rule.
I’ll leave the final word to Warren Terra:
The joke here is of course that the delightfully named Hans Von Spakovsky has built a career as the country’s leading advocate of rejecting would-be voters on spurious grounds; now he’s got an actual corpse, and he wants to let it vote.