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#1
10-03-2005, 08:37 PM
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What happens if there\'s a tie in the supreme court?
I'm a brit so this may be stupid.
If One SC justice dies, a nominee not yet sworn in and a case comes in for decsion and justices divide 4-4 what happens? Do they just leave it to find out what the new guy says? I was idly wondering what would have happened if Rehnquist had died in the middle of Bush vs gore! 
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#2
10-03-2005, 08:48 PM
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Re: What happens if there\'s a tie in the supreme court?
The last court's ruling stands.
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#3
10-03-2005, 10:13 PM
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Re: What happens if there\'s a tie in the supreme court?
[ QUOTE ]
The last court's ruling stands. [/ QUOTE ] Right. To expand on this a bit, there's nothing in the US Constitution that specifies how many justices there should be on the court. A president could choose not to fill a vacancy, or he could choose to appoint as many justices as he wants (or, as many as the Senate will approve). Of course, in today's environment, such a "court packing" move would undoubtedly be fillibustered.
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#4
10-03-2005, 10:54 PM
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Re: What happens if there\'s a tie in the supreme court?
[ QUOTE ]
...or he could choose to appoint as many justices as he wants (or, as many as the Senate will approve). [/ QUOTE ] A President can not do this. The Circuit Judges act of 1869 (or Judiciary act of 1869) set the number of justices at nine. Congress would need to change the law in ordert allow more than nine justices.
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#5
10-03-2005, 10:58 PM
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Re: What happens if there\'s a tie in the supreme court?
I think the new Bush apointed Justices will be in favor of Rock-Paper-Scissors best two out of three to decide ties.
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#6
10-03-2005, 11:00 PM
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Re: What happens if there\'s a tie in the supreme court?
[ QUOTE ]
I think the new Bush apointed Justices will be in favor of Rock-Paper-Scissors best two out of three to decide ties. [/ QUOTE ] Everyone knows the Supreme Court favors a best-of-seven, "World Series" approach to RPS.
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#8
10-03-2005, 11:07 PM
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Re: What happens if there\'s a tie in the supreme court?
[ QUOTE ]
I'm a brit so this may be stupid. [/ QUOTE ] The British (and what's left of the Empire) are not stupid! You got a few weird ideas about kings and queens, yeah; your food could use a little imagination, certainly; what you call "football" is really weird, no argument; and then there's the thing about how you speak English. But, stupid? No way. [img]/images/graemlins/grin.gif[/img] The above is my Yank sense of humour. <-- please note the spelling Now, on a serious note... You've not replied and I was curious about whether you got the answer you wanted. I know you're +6 hours from my time zone, so maybe you've turned in. God Save the Queen! [img]/images/graemlins/smile.gif[/img]
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#9
10-03-2005, 11:28 PM
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Re: What happens if there\'s a tie in the supreme court?
[ QUOTE ]
A President can not do this. The Circuit Judges act of 1869 (or Judiciary act of 1869) set the number of justices at nine. Congress would need to change the law in ordert allow more than nine justices. [/ QUOTE ] That's correct. I misspoke, congress does have the power to set the size of the court. I was thinking back to FDR's court packing plan (which was defeated, though achieved some of its goals).
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