5/30 How is it known which Supreme Court justice casts the tie-breaking
vote (if there is one)? Do they cast their vote sequentially?
(e.g. why is Alito assumed to have cast the tie-breaking vote
in this whistleblower lawsuit?)
\- without going into it more deeply, the ct doesnt exactly vote,
they issue opinions and if one gets more than 5 people to sign
on, that has the force of law. given that people can "join in
part and dissent in part" and more than 2 opinions can be written,
this can be complicated to figure out. for example in the uc davis
Bakke aff action case, 6 opinions were written. there is an initial
this can be complicated to figure out. for example in the UC DAVIS
BAKKE aff action case, 6 opinions were written. there is an initial
vote and based on that the writing of opinions is assigned, but
this is sort of a fluid notion.
this is sort of a fluid stage.
\_ OK, so given that, how can the tie-breaking vote be
determined? -op
\- it depends on what the person using the term means.
if you point me to the article i can see if i can
figure it out. but it's probably not really a precise
term w.r.t. this decision. when there is a "real tie"
[like say only 8 justices are deciding a case due to
reculsals or absencens] the lower ct is affirmed.
it could mean "X voted last" or "we knew which way
everone else was going to go but were not sure about
alito" or "both opinion writers were offering changes
to get alito on board" etc. usually a tie breaker is
somebody who doesnt vote unless there is a tie as an
outcome. in this case there was not "final state"
od a tie, i assume. |
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