Supreme Court may or may not split 4-4 in a handful of cases, Breyer says
Justice Stephen G. Breyer.
In an appearance on Monday, Justice Stephen G. Breyer steered clear of the debate over confirmation hearings for Supreme Court nominee Merrick Garland. But he did address the possibility of additional 4-4 decisions on the eight-member court.
Addressing questions after an awards ceremony, Breyer said the vacancy created by the death of Justice Antonin Scalia might make a difference in only a handful of more than 70 cases before the court this term. The Associated Press covered Breyer’s remarks.
“We may divide 4-4 in four or five cases, we may not,” Breyer said. He added that, in recent years, the court has ruled unanimously in about half of its opinions, while splitting 5-4 in a small percentage of decisions.
The court has already split 4-4 this term in three cases involving: whether an unwilling state can be hauled into another’s court, a challenge to mandatory union dues for public employees, and a loan case alleging marital-status bias.
Breyer received one of the Burton Awards for Legal Achievement for his book about the use of foreign law in American courts.
Hat tip to How Appealing.
See also:
ABAJournal.com: “Some see value in split Supreme Court’s minimalist approach to cases”
ABAJournal.com: “In 4-4 split, Supreme Court refuses to overturn execution stay based on inmate’s dementia”
ABAJournal.com: “Supreme Court splits on whether unwilling state can be hauled into another’s court”
ABAJournal.com: “Supreme Court splits 4-4 in challenge to mandatory union dues for public employees”
ABAJournal.com: “Supreme Court splits 4-4 in loan case alleging marital-status bias; circuit split remains”
