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Article: Ties in the Supreme Court of the United States.
- Article from:
- William and Mary Law Review
- Article date:
- December 1, 2002
- Author:
CopyrightCOPYRIGHT 2002 College of William and Mary, Marshall Wythe School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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INTRODUCTION
I. THE INABILITY TO REPLACE AN ABSENT
OR RECUSED JUSTICE
II. THE WIDESPREAD AND LONGSTANDING PRACTICE
OF AFFIRMANCE BY AN EQUALLY DIVIDED
COURT HAS BEEN ENDORSED BY CONGRESS
III. THE UNNECESSARY CONFUSION THAT WOULD RESULT
FROM ALTERNATIVE RULES FOR HANDLING
AN EQUAL DIVISION
IV. THE FOLLY OF SWITCHING VOTES TO AVOID
AN EQUAL DIVISION
V. THE SPECIAL CASE OF STAYS PENDING CERTIORARI
IN CAPITAL CASES
CONCLUSION
INTRODUCTION
In the summer of 2001, two high-profile murder cases, both involving defendants who were minors when they committed their crimes, produced tie votes of three-to-three in courts of last resort. ...