Attorney General Brnovich mourns Scalia death

Many people are still in shock that Justice Scalia has passed away; and his death is especially difficult for those who worked close with him, including Arizona Attorney General Mark Brnovich.
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Flags around the country are flying at half-staff tonight as the nation continues to mourn the death of Supreme Court Justice Antonin Scalia. 
 
The conservative justice died suddenly while on a hunting trip in west Texas.
 
Many people are still in shock that Justice Scalia has passed away; and his death is especially difficult for those who worked close with him, including Arizona Attorney General Mark Brnovich.
 
He sat down with Fox 10’s Marcy Jones to explain what his passing means for Americans.
 
Times have certainly changed over the last 30 years when Justice Scalia was first appointed to the Supreme Court. 
 
Now with his spot open on the bench for just 2 days, policies and opinions that many have fought to keep out of the system are seeping in.
 
"Over the last 30 years, we've seen that Republicans, Democrats these battles have become really intense, really politicized."
 
Arizona Attorney General Mark Brnovich, who knew Justice Scalia, says even though President Obama certainly has the power to nominate his replacement, the senate also has a voice.
 
"Just because the president nominates him doesn't mean that the senate doesn't get to do its constitutional job, which is to confirm the potential nominee."
 
And when it comes to current cases already in the system, their fate is far from determined as well. 
 
"On some of these cases there might be a 4-4 split and Justice Scalia might have been the 5th vote, and if they don’t have that 5th vote no, essentially what will happen now is you'll either wait until to ultimately decide that case until we get another justice if it is a 4-4 split, or essentially whatever the lower court’s decision will remain in effect." 
 
With so much on the line and many critical decisions left to be made, only time will tell what happens to Justice Scalia's spot. 
 
"Ultimately, he was a big believer in the separation of powers and he believed that a lot of these controversial decisions, they should be left to the people, to the legislature, to the congress, to the president, to the governor's…That’s who should be making policy decisions, not the courts, so he wanted less of the politicization of the courts."
 
Scalia's vote could have been critical in many currently pending cases, such as Arizona’s electoral re-districting case. Now, if it comes to a 4-4 decision, the case would accept the lower court's ruling or have to wait for a new justice to be appointed. 

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