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Fri Mar 25, 2022, 03:36 PM

Let's say a Supreme Court Justice resigned today because of health reasons or whatever...

What happens to the cases coming up in April, May, or June? Will their vote be on record, or will any case that's decided after they leave be with only 8 Justices?

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Reply Let's say a Supreme Court Justice resigned today because of health reasons or whatever... (Original post)
Polybius Mar 2022 OP
Walleye Mar 2022 #1
Buckeyeblue Mar 2022 #2
bucolic_frolic Mar 2022 #3
unblock Mar 2022 #4
Polybius Mar 2022 #5
Polybius Mar 2022 #6
Beastly Boy Mar 2022 #7
Lettuce Be Mar 2022 #8
DetroitLegalBeagle Mar 2022 #9
Princess Turandot Mar 2022 #10

Response to Polybius (Original post)

Fri Mar 25, 2022, 03:38 PM

1. I think they will decide with eight justices, the way they did when McConnell stole Garland's seat

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Response to Polybius (Original post)

Fri Mar 25, 2022, 03:39 PM

2. I don't believe so

I think you have to be part of the court when the order is issued.

He won't resign. Ever.

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Response to Polybius (Original post)

Fri Mar 25, 2022, 03:41 PM

3. Don't get your hopes up. The only reason he'll resign is if his owners decide he'll talk too much

He was only allowed to sit and be silent. Obviously.

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Response to Polybius (Original post)

Fri Mar 25, 2022, 03:59 PM

4. Posthumous judgments/opinions have happened in federal courts of appeal

But not, afaik, at the Supreme Court.

I don't know if this is policy of if the question has ever come up.

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Response to unblock (Reply #4)

Fri Mar 25, 2022, 04:01 PM

5. The right-wing needs him until at least June

That's when the abortion and NY gun-control cases will be decided. I expect a 5-4 decision on the former, and a 6-3 one on the latter.

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Response to unblock (Reply #4)


Response to Polybius (Original post)

Fri Mar 25, 2022, 04:39 PM

7. A purely hypothetical question.

And a purely hypothetical answer would be: eight justices will make the decision. Not sure what happens in the event of a tie. I believe the case goes back to the previous court or the decision of that court prevails.

But I very much doubt that Kavanaugh will resign any time soon.

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Response to Polybius (Original post)

Fri Mar 25, 2022, 04:53 PM

8. They continue with the justices they have

You can't vote on a case before hearing it, so he couldn't vote. They had only eight the entire time they left a seat vacant because it was "an election year." Still hard to believe they were able to get away with that.

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Response to Polybius (Original post)

Fri Mar 25, 2022, 05:07 PM

9. If they already voted, their vote stands

If they haven't voted, then the court votes with whatever members are left.

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Response to Polybius (Original post)

Fri Mar 25, 2022, 05:57 PM

10. They vote at the Friday conference immediately following the oral arguments for a case..

Then the decisions gets committed in writing by whomever is assigned to writing the opinion, in a process that can take awhile.

So, if it's after oral arguments/conference for a case that the hypothetical justice departs, their vote would normally count. If they departed before arguments on a case, they are no longer involved in the outcome.

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