What happens when a case goes directly to the supreme court and then there is a tie?

I known normally ties in the supreme court end with the decision of the lower court being upheld, but what if, as in the instance of disputes between states when the case goes directly to the supreme court, there is a tie? There is no lower court decision to be upheld.

The plaintiff loses. The plaintiff in a case is challenging the status quo. It doesn’t matter whether that status quo was a lower court ruling or not. It is up to the plaintiff to prove his case against the defendant. The case is not proven should one justice recuse himself or herself and f there is a 4-4 tie.

Post Author: mark

4 thoughts on “What happens when a case goes directly to the supreme court and then there is a tie?

    JohnnyK

    (August 24, 2010 - 8:08 pm)

    How do figure there would be a tie with nine justices? Somebody needs to do little arithmetic. And it’s not me.
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    wdx2bb

    (August 24, 2010 - 8:52 pm)

    Sometimes justices to recuse themselves from making a decision because of a possible conflict of interest, or because of a vacancy in the court. Therefore, there have been plenty of eight-person decisions over history.

    If a case came up 4-4, I believe the Court would not have the authority to overturn a decision. But someone might be able to correct me.
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    Paladin

    (August 24, 2010 - 9:33 pm)

    that’s why we use an odd number
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    I paid attention in math class

    Robinson Cruz

    (August 24, 2010 - 9:41 pm)

    The plaintiff loses. The plaintiff in a case is challenging the status quo. It doesn’t matter whether that status quo was a lower court ruling or not. It is up to the plaintiff to prove his case against the defendant. The case is not proven should one justice recuse himself or herself and f there is a 4-4 tie.
    References :

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