No guessing: Does anyone actually know about current scotus case implications?

[lindysalsagal]

I know the court already heard both sides of Friedrich's vs california. (Union agency fees being unconstitutional). They are supposed to deliberate and decide. So, do they risk a 4-4 tie, or do they wait for the new appointment and re-hear it with the new judge? Do the judges get to decide to wait? Do they keep to their schedule? If they vote now and tie, do the re-visit when they have a tie breaker?

What happens if another claimant brings up agency in the future. Can they hear a case on the same law again?

Please, no speculations. I'm hoping someone on here actually knows.

Thanks!

[deathrind]

1. This might help you.

Here are couple of links that may help answer your questions.


http://m.huffpost.com/us/entry/us_56c072c5e4b08ffac1259d23

http://www.scotusblog.com/2016/02/what-happens-to-this-terms-close-cases/

[lindysalsagal]

6. Great! But can it be heard again? Can this same law be challenged later?

If Justice Scalia was part of a five-Justice majority in a case – for example, the Friedrichs case, in which the Court was expected to limit mandatory union contributions – the Court is now divided four to four. In those cases, there is no majority for a decision and the lower court’s ruling stands, as if the Supreme Court had never heard the case. Because it is very unlikely that a replacement will be appointed this Term, we should expect to see a number of such cases in which the lower court’s decision is “affirmed by an equally divided Court.”

[deathrind]

11. To my knowledge, yes.

Anything can be heard again. If there is standing to bring a case back and the court agrees to hear it.

[lindysalsagal]

12. So this is just a temporary setback.

The union busting will never cease.

[deathrind]

13. No it won't.

People have forgot why Unions came about in the first place and what Unions provided to the worker. Most think that 40hr work weeks, vacation time, weekend off, work place safety etc has always been that way. Events like the Triangle Fire, WV Mine war and other tragedies most do not even know about. Because of this people do not see Unions as being important and that apathy is being taken advantage of by corporations that lobby for Union busting.

[lindysalsagal]

8. "At least for now"

The issue could always return to the court in the future.

The starkest example where this result could be a game-changer is the pending challenge in Friedrichs v. California Teachers Association, a case dealing with the right of public unions to charge "agency fees" to everyone in a bargaining unit, even employees who are not members of the union.

Unions took a beating in that case at oral arguments in January, including from Scalia. But as The Huffington Post's Dave Jamieson noted on Saturday, no Scalia now means the case is bound for a tie -- which would leave in place the prior appeals ruling favoring the unions. And unions would get to breathe a sigh of relief, at least for now.

Not sure if that means other challenges to the same law will be permitted, or not.

[MohRokTah]

2. Most likely, Unions win in CA, HI, AK, WA, OR, ID, MT, NV, and AZ.

Not to mention Guam.

IT will have no other effect in any other state, assuming the decision is 4-4. Another case can be brought in another circuit with another decision.

4-4 decisions affirm the lower court ruling with no precedent being set.

[lindysalsagal]

5. I teach in NY and our state union is prepping in case agency falls.

So I think this is a national public union outcome....

[MohRokTah]

7. They were prepping prior to Scalia's death

A 5-4 decision that reversed the decision of the 9th Circuit would have precedent nationwide. 5-4 to reverse was the expected ruling in this case.

The 4-4 decision that will most likely happen now means it is affirmed and is in effect within the bounds of the 9th Circuit. The decision will mean nothing in the other 11 Circuits.

[lindysalsagal]

9. Help me understand this. So, other circuits can still challenge agency

Ad if they overturn it, THEN the effect would be national?

So, once it's challenged in all circuits, and survived, it'forevet safe???

I really don't know much about these things.

[MohRokTah]

10. It's even more complicated than that.

There is the possibility of a completely different ruling from each of the other 11 circuits, and a 4-4 tie on each ruling means they are affirmed and there are now 12 different standards nationwide completely dependent upon geography, so what holds true in CA is different in NY and different still in TX.

This is sadly, what happens when a party decides to shut down all branches of government.

[intrepidity]

3. I don't know the answer and I won't guess

but I would like to know the answer, so kick.

I also wonder if the lower courts were suddenly flooded with "liberal" cases that would wind up in the SC with a 4-4 tie, so the lower court decision becomes permanent, if THAT might stimulate the Senate to get off their asses and do their jobs?

Is it possible to expedite pending cases so this could happen, I wonder?

[TeddyR]

4. If you get 4-4 ties

The decision of the lower court stands and is precedent in that circuit only. It doesn't bind other circuit courts and the issue, if not the exact case, can certainly be revisited by the Supreme Court at a later date.