If there is an incapitation of a Supreme Court Justice, leaving an even number of justices, what happens in the event of a deadlock? Who is the tie breaker?
2006-06-15 07:21:07 · 5 answers · asked by dbeach8717 2 in Politics & Government ➔ Law & Ethics
There is no tiebreaker. The case is reheard. See Hudson v Michigan that was decided today.
Sandra Day O'Connor retired before a decision was made; so under court rules, her vote did not count leaving a 4-4 tie. The case was reheard, and the Court decided that police can now enter your home within seconds of announcing their presence and without knocking to gain your attention.
2006-06-15 07:37:40 · answer #1 · answered by hogan.enterprises 5 · 3⤊ 1⤋
If the Court divides 4-4 the lower court opinion is affirmed without creating any Supreme Court precedent," said Jeffrey Fisher, a professor of law at Stanford University.
2016-02-13 09:59:06 · answer #2 · answered by jim 1 · 0⤊ 0⤋
If it remains a tie, then the lower court opinion remains in place, and it is like the Supreme Court never heard the case.
The Court could also ask for the case to be reargued when a replacement has been seated, so that the case gets adjudicated with a full court.
2006-06-15 07:26:05 · answer #3 · answered by C_Bar 7 · 1⤊ 0⤋
each each now and then justices to recuse themselves from making a type because of the fact of a conceivable conflict of activity, or because of the fact of a emptiness in the court docket. for this reason, there have been a important sort of 8-guy or woman judgements over history. If a case got here up 4-4, i've got faith the court docket would not have the authority to overturn a type. yet somebody may well be waiting to correctly suited me.
2016-12-08 21:10:48 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Except under VERY rare circumstances, there is NEVER a tie! There are nine people!
2006-06-15 07:41:44 · answer #5 · answered by lydia_online 2 · 0⤊ 0⤋