If Scalia was alive, this case would have ended up differently:
A case that had the potential to weaken public sector unions across the United States ended with a somewhat unexpected victory for unions on Tuesday, as the Supreme Court divided 4-4 on the question of requiring nonmembers to pay a fee to the public sector union that negotiates the collective bargain agreement that covers them as well.
The split vote in Friedrichs v. California Teachers Association means a lower court verdict in favor of the union stands.
If Justice Scalia had been around to weigh in on the anti-union side, which he assuredly would have, then all 50 states would almost certainly have magically become “right to work” states.
This shows the power that one person can have on the court. And the significance of Obama’s current nominee. Or indeed, the upcoming Presidential Election.