Constitutional Question

[JimBob2232]

Suppose the same situation exists (or a similar one) as 2000. Now assume, for this post, that Reinquist is unable to fuffil his duties as Chief Justice. They hold hearings without him and vote 4-4. What happens?

[elwoodblues]

The decision of the Court of Appeals (or whatever lower court heard it) stands.

[InchoateHand]

They would just use the (as yet unused) Dicta presented by Bush v. Gore. Unless a new constitutional question were posed, they would refuse review.

But yeah, interesting question, especially 'cause a new challenge could emerge. I'll defer to constitutional scholars on this one.

[LaggyLou]

First, the Supreme Court does not hold "hearings". "Hearings" are proceedings where testimony and other evidence is taken. The SC has arguments. Second, in the event of a 4-4 split the decision being appealed is affirmed.

[JimBob2232]

Since you appear to care about such things, is it affirmed or upheld? Correct me if im wrong, but I believe there is a difference

[LaggyLou]

[ QUOTE ]
Since you appear to care about such things, is it affirmed or upheld? Correct me if im wrong, but I believe there is a difference

[/ QUOTE ]

There are three possible (ultimate) outcomes of an appeal (virtually all SC cases are appeals):

1. Affirmed - the decision below stands. This is the same as "upheld", but affirmed is the term used by the courts.
2. Vacated - the decision below is stricken, but no outcome is mandated by the appellate court. Usually, this means that the case is going back for further proceedings.
3. Reversed - the decision below is stricken AND the opposite result is mandated by the appellate court.

When there is a 4-4 tie, the result is "affirmed by an equally divided court".

[benfranklin]

If Reinquist retires, dies, or is otherwise unable to continue (not sure how that last part would be handled) Bush can make a recess appointment without Senate approval, if the Senate is not in session. I don't know the details, but it is a temporary appointment that could last up to 2 years.

[LaggyLou]

[ QUOTE ]
If Reinquist retires, dies, or is otherwise unable to continue (not sure how that last part would be handled) Bush can make a recess appointment without Senate approval, if the Senate is not in session. I don't know the details, but it is a temporary appointment that could last up to 2 years.

[/ QUOTE ]

Retires or dies, yes. "Is otherwise unable to continue"? Umm, probably not. Any recess appointment would last until the new Congress convenes in early January, not "up to 2 years".

[ohiou]

you forgot an outcome- remanded, where the Court sends the case down to the lower court for that lower court to follow specific instructions.

I only correct you here because you seem to care about these things for some unknown reason.

[LaggyLou]

[ QUOTE ]
you forgot an outcome- remanded, where the Court sends the case down to the lower court for that lower court to follow specific instructions.

[/ QUOTE ]

"Remanded" is not an outcome in and of itself. Remanded is just what happens when the case continues. "Remands" happen with or without specific instructions.

I "care about these things" because I believe that people make better judgments with accurate information, and that there are more misconceptions about the judiciary and the courts than about any other branch of government. As it happens, I have worked in the system so I am in a position to provide accurate information. If I were to post about a topic on which another poster has better information I would welcome corrections or clarifications.

[benfranklin]

[ QUOTE ]

Any recess appointment would last until the new Congress convenes in early January, not "up to 2 years".

[/ QUOTE ]

A recess appointment goes to the end of the next session, not the beginning.

[ QUOTE ]
"The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the end of their next Session" (II, 2, 3).

[/ QUOTE ]

http://slate.msn.com/id/1002994

[andyfox]

Apparently, thyroid cancer is the most treatable type of cancer. But I heard a doctor say that if he's getting both chemotherapy and radiation treatment, that's not good news, it might mean the cancer has progressed to a tougher stage, and this treatment can be very debilitating to the victim.

[LaggyLou]

[ QUOTE ]

A recess appointment goes to the end of the next session, not the beginning.

[/ QUOTE ]

You're absolutely right, thanks. I should have said "any recess appointment would last until January 2006, not 'up to two years'".