Justice's Recusal Raises 4-4 Split Fears, Again
As the U.S. Supreme Court wrapped up its final argument of the term, one justice was missing from the age discrimination case.
Without Stephen Breyer, the prospect of a 4-4 split, and a failure to resolve the very issue the high court agreed to settle, is palpable, the Associated Press reports.
Four-four splits have already come down twice this term, one involving special education and another involving pharmaceutical company litigation. The AP notes that when there’s a 4-4 split, the lower court ruling is affirmed, but there is “no value in guiding judges in other cases.”
The AP reports that the court already appeared divided in Wednesday’s case involving age discrimination by the upstate New York-based Knolls Atomic Power Laboratory. The Supreme Court was asked to resolve who bears the burden of proof, employees or the company, in justifying a firing.
Breyer hasn’t said why he stepped aside, but the AP notes that his financial holdings disclosure reveal that the justice owns common stock in State Street Corp, which owns a percentage of Lockheed Martin Corp., the owner of Knolls.
