Fri Mar 25, 2022, 03:36 PM
Polybius (9,840 posts)
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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10 replies, 1166 views
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Author | Time | Post |
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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
Walleye (15,661 posts)
1. I think they will decide with eight justices, the way they did when McConnell stole Garland's seat
Response to Polybius (Original post)
Fri Mar 25, 2022, 03:39 PM
Buckeyeblue (4,489 posts)
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. |
Response to Polybius (Original post)
Fri Mar 25, 2022, 03:41 PM
bucolic_frolic (32,861 posts)
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
unblock (50,590 posts)
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. |
Response to unblock (Reply #4)
Fri Mar 25, 2022, 04:01 PM
Polybius (9,840 posts)
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)
Polybius This message was self-deleted by its author.
Response to Polybius (Original post)
Fri Mar 25, 2022, 04:39 PM
Beastly Boy (4,574 posts)
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. |
Response to Polybius (Original post)
Fri Mar 25, 2022, 04:53 PM
Lettuce Be (1,901 posts)
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
DetroitLegalBeagle (1,293 posts)
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
Princess Turandot (4,635 posts)
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. |