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[FLASHBACK] Justices to Rehear Speech Case From October[Cases can be Reheard to avoid Tie Decisions]
WaPo ^ | February 18, 2006 | Charles Lane

Posted on 02/15/2016 1:19:02 PM PST by Synthesist

The Supreme Court announced yesterday that it will have to rehear a free-speech case that was argued before the justices in October, the first sign of an alteration in its normal flow of business because of the retirement of Justice Sandra Day O'Connor.

In a one-sentence order, the court said that it will restore Garcetti v. Ceballos , No. 04-473, to its calendar for reargument. The court did not say why. Historically, however, one reason for such a relatively unusual move has been that the court's preliminary vote in a case was 5 to 4 and one of the justices left the court before a result could be announced, leaving a 4 to 4 tie.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events
KEYWORDS: docket; scotus
There has been a lot of "news" media talk that because of the unfortunate death of Justice Scalia, the current SCOTUS session would result in rendering some 4-4 ties in pending court decisions. Such tie decisions would result in the lower court decisions being held.

But... I heard something very interesting this morning that confirmed what I had suspected. The Chief Justice of the USSC has the authority to call a rehearing of a case. Because this case (and others during this session) may end in a tie (which would then let the lower court ruling stand), the Chief Justice can withhold releasing a tie decision and wait until the court vacancy is filled before requesting a rehearing in front of the full court.

1 posted on 02/15/2016 1:19:02 PM PST by Synthesist
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To: Synthesist

The key points are:

If it is decided the decision from the appellate court remains unchanged but only effective in that jurisdiction.

If Roberts is calling for a redo, he is expecting the result to be 4-4 now and EXPECTS the vacancy to be filled. I hope he is wrong on the refilling.


2 posted on 02/15/2016 1:22:17 PM PST by Mouton (The insurrection laws maintain the status quo now.)
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To: Synthesist
VERY interesting .... but ..... Roberts ?

Hmmmmmm

3 posted on 02/15/2016 1:22:59 PM PST by knarf (I say things that are true ... I have no proof ... but they're true.)
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To: knarf; Mouton

A redo? This is a post from 2006.


4 posted on 02/15/2016 1:28:16 PM PST by Sasparilla (Hillary for Prosecution 2016)
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To: Sasparilla

I posted this 2006 article as an example that the USSC can rehear cases to avoid tie decisions, something I thought was true, but I had not seen mentioned until today by the “news” media. I heard it on the CBS morning news show that had David Boise(sp?)(the AlGore lawyer of the endless hanging chad recount... recount... recount... USSC: STOP IT!). He was on as a guest to comment about Justice Scalia.


5 posted on 02/15/2016 1:44:12 PM PST by Synthesist
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To: knarf

VERY interesting .... but ..... Roberts ?

Hmmmmmm


Yep... Sigh...

But I think that Roberts really could redeem himself by NOT allowing any tie decisions and having these cases reheard by the full court.


6 posted on 02/15/2016 1:57:42 PM PST by Synthesist
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