A serious question about cases now before the court

[Orrex]

Does the surviving court have to take into considerations any of the sulfur-laced utterances of that vile pig soon to rot in wormy earth, or are pending cases subject to a vote solely by the remaining eight?

There are some top-tier issues before the court that seemed likely to swing 5-4 in favor of the conservative view, but if they come up 4-4 then the lower courts' rulings stand.


Am I correct in this?

[randys1]

1. Yes, as I understand it. And no justice will care what he had to say other than maybe Clarence

but remember Alito and Roberts are pure rightwing hacks, they do what the Koch's and religious institutions tell them to do

[X_Digger]

2. Yes, 4-4 decisions affirm the lower court ruling, whatever it is. n/t

[elleng]

3. Depends on status of their consideration,

but haven't thought it through completely. Others are probably more up on it than I.

At some point after oral argument they take a vote, and then the Chief selects the writer. I suppose there's room for confusion now, depending on the status of each of the cases.

[Raine1967]

4. Wondering this myself. The next argument session begins February 22.

http://www.supremecourt.gov/oral_arguments/argument_calendars.aspx

I believe any vote is subject to the remaining 8.
We can talk about the next nomination but I am really interested in the cases currently in front of the court.

[2naSalit]

5. How I understand it...

and as I heard it explained on NPR,

All pending cases that have not been decided will exclude anything Scalia had to say about it, it will go forth according to protocol for surviving jurists. If a decision has been made and yet to be announced, it will go forth. All other cases will have no opinions or any other reference to the deceased.

Here's a link to the broadcast but I'm not sure which article it's in, most of the program was about Scalia and what happens now/next... including the answer to your question.

http://www.npr.org/programs/all-things-considered/