Because the Supreme Court is now short of nine justices, it had the option to wait for the president to appoint a new justice before deciding whether or not to hold another hearing. It is possible that some of the dissenters in those cases might have balked if they had a provisional majority to undo the biggest and most hotly debated statute in the past 50 years.
Compromise is all well and good, she said, but last term some cases were decided on such narrow grounds that the court ultimately decided nothing of effect, leaving unanswered the question the justices had initially planned to resolve, and leaving in place conflicting lower court decisions across the country.
The justices – still at reduced strength of eight – are in a holding pattern of sorts on the issues that closely divide them. The new president will have to fill the Scalia vacancy and very possibly another one created by one of these justices. Also Monday, the court rejected hundreds of appeals that accumulated over its long summer recess.
Given the 4-4 ideological deadlock on the U.S. Supreme Court, and the refusal of the Republican-controlled U.S. Senate to consider confirmation of a successor to the late Antonin Scalia, you might wonder if SCOTUS ought to take an extended vacation until January or at least November 8.
While 4-4 splits are still a possibility, the justices demonstrated last term that they could find more narrow ways to rule on certain cases in order to seek consensus.
How could anyone think this mélange portends a boring Term?
Juan Martinez is fighting the September 29 admonition by the Attorney Discipline Probable Cause Committee of the Supreme Court of Arizona that recommended he be placed on probation for one year, The Arizona Republic reported (http://bit.ly/2dsZMPg ). The court last week took up a separate case that could decide the Redskins’ situation.
Their lawyers used the Racial Justice Act to persuade Cumberland County Superior Court Judge Greg Weeks in 2012 to commute their death sentences to life in prison without parole. A Virginia school district has filed an appeal challenging a decree issued by Obama’s Education Department.
The case also marks the first time the Supreme Court has made a decision on an insider trading deal in two decades.
Oral arguments in the case of Bank of America v. Miami will bring renewed attention to some of the same predatory lending practices that led to the 2008 financial catastrophe and the Great Recession that followed. It was prevented from being enacted, however, due to questions over its constitutionality.
The United States Supreme Court, on September 29, 2016, granted certiorari in a case involving petitioner Simon Tam, his band, The Slants, and the band’s attempt to register their band name as a trademark. “So moving forward, it is just about our case”. That’s nothing to snooze over.