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2 answers

Looked it up and couldn't find an answer.

Maybe they didn't break a tie. Maybe, if the vote was 3 - 3, the status quo was maintained, and the law being challenged was not changed. You should need a majority to change any law. And, maybe it was better with an even number of Justices. 4 - 2 or 5 - 3 is certainly a more solid concensus than 5 - 4.
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2007-09-05 12:02:32 · answer #1 · answered by ? 7 · 0 0

Currently what they do is that if there is a tie (for example, if one justice recuses himself), then that means that the decision of the Court of Appeals is left standing. In other words, you need a majority to overturn a decision, so if it is 4-4 then the decision of the lower court stands.

2007-09-05 12:46:16 · answer #2 · answered by Anonymous · 2 0

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