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Old 02-15-2016, 03:32 PM
 
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Supreme Court: What happens in case of a tie?

Ties re-affirm the lower court's rulings.

There is no mechanism for SCOTUS to hold off on a decision until a tie-breaking member is appointed. That tie-breaking member can't weigh in on a case in which the member was not present for the ruling and arguments.
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Old 02-15-2016, 03:49 PM
 
Location: New Jersey
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That's probably why the conservatives had him bumped off.
(sorry, too much POC today)
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Old 02-15-2016, 05:27 PM
 
59,018 posts, read 27,284,678 times
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Quote:
Originally Posted by DC at the Ridge View Post
Supreme Court: What happens in case of a tie?

Ties re-affirm the lower court's rulings.

There is no mechanism for SCOTUS to hold off on a decision until a tie-breaking member is appointed. That tie-breaking member can't weigh in on a case in which the member was not present for the ruling and arguments.
"There is no mechanism for SCOTUS to hold off on a decision...."

I heard today that Roberts has LOTS of options he CAN use.
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Old 02-15-2016, 05:32 PM
 
Location: All over
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If a tie occurs, no decision is rendered and the case (before the court) "dies"
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Old 02-15-2016, 05:33 PM
 
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Originally Posted by Quick Enough View Post
I heard today that Roberts has LOTS of options he CAN use.
I don't know if there are "lots" of options but there are a few, one of which is having the case reargued upon the filling of the vacancy.

Tie votes will lead to reargument, not affirmance : SCOTUSblog
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Old 02-15-2016, 05:37 PM
 
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LOL, the lower court has already decided, what difference does it make if the SC decides (ties) to let the lower court decision go for a little longer?

I guess you are saying that all SC cases are prompt and all decisions are made very quickly?
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Old 02-15-2016, 05:38 PM
 
20,187 posts, read 23,849,411 times
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If the decision dies in the Supreme Court... can it be brought up again with a tie-breaker in play? Or does it require a new claimant?
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Old 02-15-2016, 05:40 PM
 
46,267 posts, read 27,085,436 times
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Originally Posted by evilnewbie View Post
If the decision dies in the Supreme Court... can it be brought up again with a tie-breaker in play? Or does it require a new claimant?
Or can the SC just wait to even hear the case until it has 9?

And BTW, when does the next SC go into session, October?

Yup, October....

http://www.supremecourt.gov/oral_arg...calendars.aspx
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Old 02-15-2016, 05:43 PM
 
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Originally Posted by chucksnee View Post
LOL, the lower court has already decided, what difference does it make if the SC decides (ties) to let the lower court decision go for a little longer?
Well it makes a hell of a lot of difference if you think the Supreme Court's decision would have been five sympathetic Justices rather than four.
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Old 02-15-2016, 05:50 PM
 
46,267 posts, read 27,085,436 times
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Originally Posted by TheWiseWino View Post
Well it makes a hell of a lot of difference if you think the Supreme Court's decision would have been five sympathetic Justices rather than four.
That's YOUR problem not mine.....the point is, the lower courts decision is in effect until the SC rules...why do you have a problem with that? If it's a tie, the SC can hear the case again, right? What if they defer the hearing?
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