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valerief

(53,235 posts) Sat Feb 13, 2016, 06:19 PM Feb 2016

1

Scalia dead. How are SCOTUS decisions made with even number of justices?

Can't see GOP Congress approving an Obama selection. They'll wait until their Jeb! is in office.

17 replies

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Scalia dead. How are SCOTUS decisions made with even number of justices? (Original Post) valerief Feb 2016 OP

This is a BFD! R. Daneel Olivaw Feb 2016 #1

I believe tie votes sharp_stick Feb 2016 #2

The appellate decision stands in a tie IIRC tritsofme Feb 2016 #3

Thanks for the info! valerief Feb 2016 #5

Thanks mcar Feb 2016 #6

No precedent is set in a 4-4 tie. Ruling goes to appeals court. CommonSenseDemocrat Feb 2016 #4

Thanks valerief Feb 2016 #7

If the justices are evenly split, the lower court ruling being appealed is affirmed and holds. Shrike47 Feb 2016 #8

I can't wait to read what Marcy Wheeler has so say about Scalia's death and what happens now. myrna minx Feb 2016 #9

They go into lightning round. If that too ends in a tie, then it's a dance off. Bucky Feb 2016 #10

Ha! Or a Zoolander Walk Off valerief Feb 2016 #11

Cool deal. Ruth Bader is in perpetual Blue Steel mode Bucky Feb 2016 #17

What part of the constitution is that in? Dr. Strange Feb 2016 #14

More shit the activist courts have decided. valerief Feb 2016 #16

"The judgment is affirmed by an equally divided court." pat_k Feb 2016 #12

I'm betting on a recess appointment and soon. yourout Feb 2016 #13

A tie means the lower court decision stands davidn3600 Feb 2016 #15

R. Daneel Olivaw

(12,606 posts)

1. This is a BFD!

Reply to valerief (Original post)

Sat Feb 13, 2016, 06:20 PM

Feb 2016

Obama will have a fight this entire year.

sharp_stick

(14,400 posts)

2. I believe tie votes

Reply to valerief (Original post)

Sat Feb 13, 2016, 06:21 PM

Feb 2016

are considered defeats for the plaintiff.
Someone else may know better than me though.

tritsofme

(17,380 posts)

3. The appellate decision stands in a tie IIRC

Reply to valerief (Original post)

Sat Feb 13, 2016, 06:22 PM

Feb 2016

valerief

(53,235 posts)

5. Thanks for the info!

Reply to tritsofme (Reply #3)

Sat Feb 13, 2016, 06:22 PM

Feb 2016

mcar

(42,334 posts)

6. Thanks

Reply to tritsofme (Reply #3)

Sat Feb 13, 2016, 06:23 PM

Feb 2016

I was wondering.

CommonSenseDemocrat

(377 posts)

4. No precedent is set in a 4-4 tie. Ruling goes to appeals court.

Reply to valerief (Original post)

Sat Feb 13, 2016, 06:22 PM

Feb 2016

valerief

(53,235 posts)

7. Thanks

Reply to CommonSenseDemocrat (Reply #4)

Sat Feb 13, 2016, 06:23 PM

Feb 2016

Shrike47

(6,913 posts)

8. If the justices are evenly split, the lower court ruling being appealed is affirmed and holds.

Reply to valerief (Original post)

Sat Feb 13, 2016, 06:23 PM

Feb 2016

myrna minx

(22,772 posts)

9. I can't wait to read what Marcy Wheeler has so say about Scalia's death and what happens now.

Reply to valerief (Original post)

Sat Feb 13, 2016, 06:25 PM

Feb 2016

Bucky

(54,027 posts)

10. They go into lightning round. If that too ends in a tie, then it's a dance off.

Reply to valerief (Original post)

Sat Feb 13, 2016, 06:27 PM

Feb 2016

Of course the days of the legendary Ginsberg-Scalia dance-offs are now over.

valerief

(53,235 posts)

11. Ha! Or a Zoolander Walk Off

Reply to Bucky (Reply #10)

Sat Feb 13, 2016, 06:30 PM

Feb 2016

Bucky

(54,027 posts)

17. Cool deal. Ruth Bader is in perpetual Blue Steel mode

Reply to valerief (Reply #11)

Sat Feb 13, 2016, 06:49 PM

Feb 2016

Dr. Strange

(25,921 posts)

14. What part of the constitution is that in?

Reply to Bucky (Reply #10)

Sat Feb 13, 2016, 06:46 PM

Feb 2016

I've never heard of this!

valerief

(53,235 posts)

16. More shit the activist courts have decided.

Reply to Dr. Strange (Reply #14)

Sat Feb 13, 2016, 06:47 PM

Feb 2016

pat_k

(9,313 posts)

12. "The judgment is affirmed by an equally divided court."

Reply to valerief (Original post)

Sat Feb 13, 2016, 06:35 PM

Feb 2016

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."

http://www.slate.com/articles/news_and_politics/explainer/2004/11/what_happens_in_ascotus_tie.html

yourout

(7,531 posts)

13. I'm betting on a recess appointment and soon.

Reply to valerief (Original post)

Sat Feb 13, 2016, 06:38 PM

Feb 2016

davidn3600

(6,342 posts)

15. A tie means the lower court decision stands

Reply to valerief (Original post)

Sat Feb 13, 2016, 06:46 PM

Feb 2016

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