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Keyword: scotustie

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  • [from November 2, 2004] What Happens in a SCOTUS Tie?

    02/13/2016 2:56:29 PM PST · by GilGil · 25 replies
    Slate ^ | 11/2/2004 | Brendan Koerner
    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...