Herein are a bunch of what should be frequently asked questions (FAQ) regarding the immediate results of Justice Scalia’s death. He has voted on pending SCOTUS cases and has written opinions. What happens to these cases? It is not so good for the conservative crowd. We can now expect to see some tied Court decisions. What does that mean? How will it be handled? Read more in this article.
RESULTS IN KEY CASES COULD CHANGE WITH SCALIA’S DEATH
WASHINGTON (AP) — The Supreme Court abhors even numbers. But that’s just what the court will have to deal with, perhaps for many months, after the death of Justice Antonin Scalia. Eight justices will decide what to do, creating the prospect of 4-4 ties.
Here are some questions and answers about the effect on the court of the death of its conservative icon and longest-serving justice:
Q. What happens to cases in which Scalia cast a vote or drafted an opinion, but no decision has been publicly announced?
A. It may sound harsh, but Scalia’s votes and draft opinions in pending cases no longer matter. Veteran Supreme Court lawyer Roy Englert says that “the vote of a deceased justice does not count.” Nothing is final at the court until it is released publicly and, while it is rare, justices have flipped their votes and the outcomes in some cases.
Q. What happens if there is a tie?
A. The justices have two options. They can vote to hear the case a second time when a new colleague joins them or they can hand down a one-sentence opinion that upholds the result reached in the lower court without setting a nationwide rule. When confirmation of a new justice is expected to happen quickly, re-argument is more likely. In this political environment, the vacancy could last into 2017.