What Does Justice Scalia's Death Mean for Former Gov. Bob McDonnell?

ALEXANDRIA, VA -- While preparations are being made for funeral services for the unexpected death of conservative U.S. Supreme Court Justice Antonin Scalia, some are pondering how the Court shakeup might impact some of the cases before the Court, including that of former Gov. Bob McDonnell.

Just last month, the U.S. Supreme Court decided to review lower court rulings that upheld corruption convictions of the former governor, the Associated Press reported.

The former Republican governor has been sentenced to prison for his actions, which centered on a relationship with a Richmond businessman who gave the governor and his wife gifts and loans. Once a national political rising star, McDonnell was found guilty on 11 corruption counts. The governor’s wife, Maureen McDonnell, was found guilty of 9 corruption counts and one count of obstruction of justice.

Read: Timeline of Bob McDonnell Case

The couple was charged in early 2014 with illegally accepting more than $165,000 in gifts, luxury vacations and large loans from Jonnie R. Williams Sr., a wealthy Richmond-area businessman.

Last month, McDonnell issued a statement about the decision by the nation’s highest court to hear his appeal:

“I am very grateful to the U.S. Supreme Court for its decision today to hear my case,” McDonnell said.

“I am innocent of these crimes and ask the court to reverse these convictions,” he said. “I maintain my profound confidence in God’s grace to sustain me and my family, and thank my friends and supporters across the country for their faithfulness over these past three years.”

With Scalia now gone, Politico reports Tuesday that former Virginia Gov. McDonnell’s chances for staying out of prison could be melting away. Rick Hasen, a law professor at the University of California at Irvine, tells Politico: “I think his [Scalia’s] voice would have been a very important one in the McDonnell case.”

Losing a sitting U.S. Supreme Court Justice is unusual, Justin Driver, a law professor at the University of Chicago, tells The New York Times.

“It has been an extraordinarily long time since the Supreme Court has been forced to deal with a departure that occurs in the middle of the term, as the court does here with Justice Scalia’s death,” he said. “This event almost certainly throws many cases that had been tentatively decided by 5-4 margins into grave doubt, and will likely require the justices to reassess many opinions.”

The former governor has avoided prison time while the justices were expected to consider his appeal. McDonnell was expected to remain free at least until a decision, that was originally expected by June. The case was expected to be argued in April, with a decision expected by the end of June.

Read more of Politico’s story about how Scalia’s death could impact the McDonnell case.

Photo: Gov. Bob McDonnell, Capital News Service