Posted on 02/13/2016 2:56:29 PM PST by GilGil
Although rare, 4-4 ties are hardly unheard-of—justices do recuse themselves from time to time. A split decision effectively upholds the ruling of the lower court (presumably a state supreme court). In the event of such a tie, the court typically issues what's known as a per curiam decision. The opinion in such a decision is issued under the court's name, as opposed to consisting of a majority and a minority opinion. Justices, however, may attach dissenting opinions to the per curiam decision if they like—as happened in Bush v. Gore.
When a 4-4 deadlock does occur, the case is not deemed to have set any sort of precedent. Tradition holds that the court's per curiam opinion in such ties is usually very, very terse, often consisting of no more than a single sentence: "The judgment is affirmed by an equally divided court."
(Excerpt) Read more at slate.com ...
There won’t be a tie. Roberts and Kennedy will vote with the Dems.
This is incredibly consequential considering the 5-4 make-up of the court, and considering that Justice Ruth Bader Ginsburg has been widely rumored to be considering leaving the court.
If Obama is able to replace Scalia and Ginsburg the Supreme Court could shift to 3-6 in favor of liberal ideological worldview prior to the end of President Obama’s term in office.
http://theconservativetreehouse.com/2016/02/13/breaking-supreme-court-justice-antonin-scalia-dies/
Scalia’s unexpected passing sets up a politically charged battle to replace him. Mere moments after his death was confirmed, Conn Carroll, a key staffer for Senator Mike Lee (R-UT), promised Republicans would block anyone that Obama nominated.
there is ZERO chance the RINO’s in the Senate will stall for 11 months.
I predict Obama will have a liberal picked by Monday. And within a month she will be rubber stamped by the RINO led Senate.
They better block until next year and after Obama leaves.
You could be wrong.
Alito and Thomas fall two votes short of a 4-4 tie.
Good post, thanks.
SCOTUS ties?
Who designed them?
Where are they made?
Is there a web page?
Are they made in China?
What are they going for?
Exactly.
Your telling me the same senate that just rubber stamped everything Obama wanted is suddenly going to grow a backbone?
All Obama has to do is threaten to shut the government down if the Senate doesn’t appoint Rachael Maddow to replace Scalia and they RINO’s will fold like a cheap tent.
We could be pleasantly surprised. You give up too easily.
Well, look at it this way. Obama said he wanted to take away our guns.
Now he can.
Bring on the bedwetters.
Yup!
Probably true but he won't announce it publicly. Behind the scenes he will start to make phone calls.
McConnel better behave himself
Why would there be a tie it’s now 4 to 3 with one swing vote. But I wonder if Kennedy is ever going to swing again.
Note that we would probably rarely see split 4-5 Supreme Court decisions if there were no state-sovereignty-ignoring activist justices.
“Conn Carroll, a key staffer for Senator Mike Lee (R-UT), promised Republicans would block anyone that Obama nominated.”
That’s what they must do. Question each nominee for months, reject them one by one, until the new president takes over.
You can be 100% sure that’s what the Rats would do in our place.
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