Of all the powers that go to the president of the United States the power to nominate federal judges, especially for the U.S. Supreme Court would seem to be the one with the longest lasting impact on our country.

The Associated Press was reporting this week the U.S. Supreme Court was split 4-4 in a case whether unions representing government employees can collect fees from workers who choose not to join the union.

The AP called the split decision “an unlikely victory” for organized labor. It was thought the court would vote 5-4 to overturn the current system that has been in place for more than 40 years. But the death of Justice Antonin Scalia left the court temporarily with an even number of justices, meaning there is no ninth judge to cast a tie-breaking vote.

Scalia had been expected to vote against the collection of fees from non-union members, based in part on questions and comments he and four other judges made when the case was being argued before the court back in January.

Non-union teachers say having to pay union fees violates their free speech rights, when they disagree with the union’s positions. But the unions argue the fees are justified because they have to represent all teachers, not just those who are union members.

The AP reports the case affects more than 5 million workers in 23 states and Washington D.C.

The split by the Supreme Court means nothing changes.

But it illustrates the long-lasting power for a president to nominate a justice, especially the power to nominate a replacement for Scalia whose spot will tip the court towards a majority more conservative or one more liberal.

President Ronald Reagan nominated Scalia in 1986, a clear example of the long-lasting impact a court appointment can mean for a president. Four of the remaining current justices have served more than 20 years.

A president can pass a budget, make treaties, push through legislation to address a particular issue, but those things can be undone or changed by a new Congress and a new president.

Federal court appointments are for life so with the president’s power to choose who gets nominated, it gives the president the chance to influence decisions that will be made for years.

It seems unlikely the Republican-controlled Senate is likely to confirm any Supreme Court justice President Barack Obama nominates in the remaining months of his presidency. They are hoping a Republican wins the presidency and will nominate a more conservative justice, while Democrats hope that their candidate will win, giving them this next most critical choice of a Supreme Court nominee, as well as other important vacancies that might occur during the next four years.

The power to nominate this next justice means an immediate impact on the court and perhaps others that will likely affect our lives long after this next president has left office.

It’s a big deal.

WILL CHAPMAN

PUBLISHER