Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

[from November 2, 2004] What Happens in a SCOTUS Tie?
Slate ^ | 11/2/2004 | Brendan Koerner

Posted on 02/13/2016 2:56:29 PM PST by GilGil

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-26 last

In a 4-4 decision, the verdict falls back to the last ruling determined at the next lower court.

All the cases already heard, even if a new justice gets put in cannot vote as he/she/it was not present when the case was presented before the court. So everything heard and pending in in danger of reverting to the lower court decisions.


21 posted on 02/13/2016 4:35:19 PM PST by USCG SimTech (Honored to serve since '71)
[ Post Reply | Private Reply | To 20 | View Replies]

To: BigEdLB
McConnell better behave himself

This puts in danger every available seat in the House and Senate with pressure to vote in an ideology, not just a name or a party.

22 posted on 02/13/2016 4:38:10 PM PST by USCG SimTech (Honored to serve since '71)
[ Post Reply | Private Reply | To 17 | View Replies]

To: KeyLargo

Ginsberg leaving would balance the court again. She MAY be honorable enough to do so.


23 posted on 02/13/2016 4:40:16 PM PST by huldah1776 ( Vote Pro-life! Allow God to bless America before He avenges the death of the innocent.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: huldah1776

I think Ginsberg was found alive AGAIN this morning.


24 posted on 02/13/2016 4:47:39 PM PST by Right Wing Assault (Don't call them Daesh OR ISIS or ISIL, they are always "ISLAMIC State.")
[ Post Reply | Private Reply | To 23 | View Replies]

To: GilGil

This Slate article fails to mention a VERY important fact:

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.

So, then the question will be if Chief Justice Roberts will have a stiff enough backbone to not release the tied decisions in this case and others, and hold out for a hopefully conservative justice appointment .

I found a news article where the USSC announced a rehearing of a case because of the retirement of a Justice before a pending case decision was rendered that would apparently have resulted in a tie:

http://www.washingtonpost.com/wp-dyn/content/article/2006/02/17/AR2006021701950.html


25 posted on 02/15/2016 12:14:44 PM PST by Synthesist
[ Post Reply | Private Reply | To 1 | View Replies]

To: USCG SimTech; GilGil

USCG SimTech wrote: ...All the cases already heard, even if a new justice gets put in cannot vote as he/she/it was not present when the case was presented before the court. So everything heard and pending in in danger of reverting to the lower court decisions.


Not exactly... See my post #25 above.


26 posted on 02/15/2016 12:17:50 PM PST by Synthesist
[ Post Reply | Private Reply | To 21 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-26 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson