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saltpoint

(50,986 posts) Sat Feb 13, 2016, 07:00 PM Feb 2016

0

Asking about the protocol for Supreme Court

decisions ending in a tie vote.

If the GOP-controlled Senate will not approve an Obama nominee, and decisions come to a 4-4 tie among the standing eight Justices, what is the protocol?

In baseball, a tie goes to the runner. Have no idea what happens with SCOTUS.

John Roberts is in his early 60s. Loretta Lynch is in her mid-50s. Wondering if Attorney General Lynch might be on a list of possible replacement nominees?

6 replies

= new reply since forum marked as read

Highlight:

Asking about the protocol for Supreme Court (Original Post) saltpoint Feb 2016 OP

I think in 4-4, the lower court decisions stand but do not create precedent. n/t CincyDem Feb 2016 #1

Appellate decision is upheld. NYC Liberal Feb 2016 #2

A split decision effectively upholds the ruling of the lower court oberliner Feb 2016 #3

essentially, ties let stay the decision at issue, elleng Feb 2016 #4

4-4 basically means the lower court decision stands affirmed davidn3600 Feb 2016 #5

Wow, folks, all of you -- a big saltpoint Feb 2016 #6

CincyDem

(6,363 posts)

1. I think in 4-4, the lower court decisions stand but do not create precedent. n/t

Reply to saltpoint (Original post)

Sat Feb 13, 2016, 07:01 PM

Feb 2016

NYC Liberal

(20,136 posts)

2. Appellate decision is upheld.

Reply to saltpoint (Original post)

Sat Feb 13, 2016, 07:01 PM

Feb 2016

Here's an example of a decision from a tied Court (PDF): http://www.supremecourt.gov/opinions/10pdf/08-1423.pdf

oberliner

(58,724 posts)

3. A split decision effectively upholds the ruling of the lower court

Reply to saltpoint (Original post)

Sat Feb 13, 2016, 07:02 PM

Feb 2016

The lower court opinion is affirmed without creating any Supreme Court precedent.

elleng

(130,974 posts)

4. essentially, ties let stay the decision at issue,

Reply to saltpoint (Original post)

Sat Feb 13, 2016, 07:02 PM

Feb 2016

but that's very simple, and there are lots of types of issues that need votes.

davidn3600

(6,342 posts)

5. 4-4 basically means the lower court decision stands affirmed

Reply to saltpoint (Original post)

Sat Feb 13, 2016, 07:02 PM

Feb 2016

But no precedent is set. So the issue can be easily revisited by a future court.

saltpoint

(50,986 posts)

6. Wow, folks, all of you -- a big

Reply to saltpoint (Original post)

Sat Feb 13, 2016, 07:03 PM

Feb 2016

thanks. That was really good stuff and mighty fast, too.

Thank you.

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