The court has dealt with more than 80 cases each term under Judge Scalia who recently passed away.
There is no policy or any law as to how cases are to be finalized should the presiding judge pass way. In this case, the new judge would continue to hear arguments and make decisions accordingly. Unresolved cases remain pending and become a backlog.
One of the Senate majority leader has stated that the position for the judge should not be filled until the new President is elected as this is the election year. The GOP (Republicans) might reconsider if there is opposition to Obama’s choice for the appointment to replace Judge Scalia. Nine of the thirteen U.S. courts have been appointed by the Democratic Party.
The equally divided court has the power to support Obama in selecting the new Justice with the Republican Party. The Constitution or the law clearly assigns the task of selecting the new judge in the hands of the President. The Senate advises and gives permission to the President in decision making. This means the Congress and the White House can resolve the deadlock and the President has the power even though the Republican controls the senate.
It is believed by the parties that the President would select a moderate candidate and, once the candidate is selected, his/her name would be submitted in the D.C Circuit Court of Appeals to Judge Sri Srinivasan, an Indian immigrant and the first Hindu on the High Court. He is a Republican Judge appointed by the Senate in 2013.