Chief Justice John Roberts bowed out of a major war powers case on Monday because he had handled it as an appeals court judge. Without Roberts, the Supreme Court could deadlock 4-4.
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Well actually, as I see it:
1. Roberts decided and I believe wrote the opinion at the DC Appeals Court.
2. If the Justices split 4-4, then Roberts' opinion stays in force.
3. Thus it seems to me this is like every other case, if all the Justices but Roberts split, he cast the tie breaking vote.
4. The only difference this time is he cast the tie breaking vote before he was on the Court and before this issue came before the court.
Good point.
Precedent sucks sometimes and then sometimes tastes oh so sweet, huh?
4-4 means it's precedent for no other district. Other districts can continue to wildcat.