CT makes post-Kolbe move with SCOTUS appeal

[fred333]

How would a tie be the law of the land?

"The death of Justice Antonin Scalia at age 79 raises a lot of questions, including how decisions of the U.S. Supreme Court go forward as the process to nominate his successor begins. Without nine justices, there is the potential for a 4-4 tie."
This Is What Happens When the Supreme Court Is Tied

 

[wolfwood]

Probably so. But assuming they did take it and we get a 4-4 tie, does that count as essentially a cert denial (meaning NOTHING) and the lower court opinion stands?

Basically.

I predict the Court is just not going to take cases for the near future if they think it will be a 4-4 vote

 

[Vile Shadow]

Why did they drop the magazine ban? That makes no sense.

Those are easier to circumvent anyway.

 

[Southwest Chuck]

Here is a good Law Review article Explaining what may happen if the Court is evenly split ....
Ties in the Supreme Court of the United States

In a tie, the lower court decision stands, but thankfully (for most of our cases in which we are the pettioner), no precedent is set.

 

[Kharn]

Basically.

I predict the Court is just not going to take cases for the near future if they think it will be a 4-4 vote

Aren't almost half SC decisions unanimous anyway?

 

[pcfixer]

Aren't almost half SC decisions unanimous anyway?

Where is the sarcasm in that question!

 

[Master_P]

I highly doubt the Court will be taking ANY controversial cases until the new member takes his/her seat. All they will take is boring cases that can be decided unanimously or with very little dissent.

The justices know that a vacancy in a presidential election year is a bad bad bad thing for the Court as an institution. That's why justices never retire in an election year. Confirmation hearings have already become an intense game of political football. The more politically intense the hearings, the worse off the Court is because its new member loses respect. And respect is the foundation of its ability to function.

So, I don't see the sitting justices wanting to compound the situation by accepting ANY controversial cases that will thrust the Court even further into the limelight, as if to say, "Hey look at us... we can't function!!".

And since the narrow 5-4 cases are up for grabs, chances are they won't take any super hot-topic cases until the current eight can predict the viewpoint of their new colleague.

 

[Kharn]

I wonder how long until we see all the October through January sitting cases that were 5-4 with Scalia in the majority written off as a 4-4 split.
We'll see if Monday is one big docket massacre.

 

[Vile Shadow]

I wonder how long until we see all the October through January sitting cases that were 5-4 with Scalia in the majority written off as a 4-4 split.
We'll see if Monday is one big docket massacre.

How could that even be legal?

Since when can the Supreme Court go back and overturn their own rulings because one of the justices involved in the case has since died?

 

[RepublicanJD]

Aren't almost half SC decisions unanimous anyway?

Where is the sarcasm in that question!

No sarcasm. Most of them are unanimous.

 

[HokieKev]

No sarcasm. Most of them are unanimous.

That is surprising to me - but I don't follow it that closely. But it seems like the cases that make headlines are often 5-4 decisions.

 

[Elliotte]

How could that even be legal?

Since when can the Supreme Court go back and overturn their own rulings because one of the justices involved in the case has since died?

I think he means cases that the Court has already heard, and have privately decided upon, but haven't finished writing the opinions yet. Now that I think about it, that could really throw a wrench into things. There's all these cases that have been decided, but the decision hasn't been finalized and published yet. How are those handled? Any close decisions might change behind the scenes, but I doubt we'll ever know about it.

 

[Kharn]

I think he means cases that the Court has already heard, and have privately decided upon, but haven't finished writing the opinions yet. Now that I think about it, that could really throw a wrench into things. There's all these cases that have been decided, but the decision hasn't been finalized and published yet. How are those handled? Any close decisions might change behind the scenes, but I doubt we'll ever know about it.

Exactly, any unpublished decision that was 5-4 after the conference with Scalia in the majority is now void and must be reconsidered by the Justices. Roberts may declare a 4-4 split, or he could go across the aisle to make a new majority either via joining them or convincing one to come over with some concessions.

 

[RepublicanJD]

That is surprising to me - but I don't follow it that closely. But it seems like the cases that make headlines are often 5-4 decisions.

That's why it's so important to replace Scalia with a conservative. The big cases are generally 5-4. Only 3 or 4 of those per year though.

 

[Maestro Pistolero]

According to the legal analysis I listened to last night, a 4-4 SCOTUS tie would result in the lower court decision standing AND becoming the law of the land.

As I understand it, a 4-4 tie would default to the lower court decision that would only then apply to the immediate plaintiffs, and would not be citable as precedent.

 

[Southwest Chuck]

As I understand it, a 4-4 tie would default to the lower court decision that would only then apply to the immediate plaintiffs, and would not be citable as precedent.

^^^ This, but important cases may be reargued.

Volokh Has something to say about it too ...
‘Tie votes will lead to reargument, not affirmance’

 

[esqappellate]

^^^ This, but important cases may be reargued.

Volokh Has something to say about it too ...
‘Tie votes will lead to reargument, not affirmance’

yeah, well, he was quoting Tom Goldstein over at SCOTUSblog. Tom wrote that there was chance that new Justice would be appointed and confirmed by the start of the new term and thus there was reason to think reargument might be appropriate. I don't know what Tom is smoking, but that ain't happening. Maybe a new Justice by this time next year. The court won't order reargument without a new justice -- no point.

 

[wolfwood]

How many cases could they possibly rehear anyway? I don't see them effectively doubling their docket by rehearing all the close case and hearing all the new ones. I just see a lot of cert denial in the future.

 

[press1280]

Petition http://blog.californiarighttocarry....w-v-Malloy-SCOTUS-Petition-as-filed-CCDL1.pdf
Second Amendment Coalition amicus http://blog.californiarighttocarry....s/2016/04/Shew-v.-Malloy-SAC-Amicus-Brief.pdf
CT's response http://blog.californiarighttocarry....y-Respondents-Opposition-to-Cert-Petition.pdf
Docket http://www.supremecourt.gov/search.aspx?filename=/docketfiles/15-1030.htm

With plaintiff's reply any day now, they might get to one of the last conferences this term. Last one is June 23. Wouldn't be surprised if it gets held until the big conference in the Fall though.

 

[press1280]

Distributed for the June 16th conference. So it'll have 2 shots before the summer recess.