In the vacuum left by Justice Scala, the Supreme Court of the United States is comprised of an even number of justices which could lead to an equal number of justices on opposite sides. Currently, there are a number of pending legal cases in which this might happen.
An example of one such case is Friedrich v. California Teachers Association ET AL. Plaintiff Rebeca Friedrich and nine other California teachers along with Christian Educators Association International hold that their First Amendment rights have been violated. By requiring California public school teachers to pay union dues as an employment requisite, the unions interfere with teachers' freedom of speech and association. An interesting twist in this case: Plaintiffs claim the only Court with authority to grant relief in this case is the Supreme Court as lower courts cannot overturn Supreme Court precedent. In order to speedily move the case through the trial court and Ninth Circuit Court of Appeals, Plaintiffs' counsel petitioned both courts to the decide against the Plaintiffs without trial or oral argument. And many legal strategists assumed Supreme Court justices would decide in favor of Friedrich once the case was heard.
It is highly likely that Soto mayor, Kazan, Beyer, and Ginsburg's opinions will affirm the lower court rulings. While Justices Roberts, Ali to, Thomas, and Kennedy will likely oppose the lower court decision splitting the court 4-4. So what happens in this proverbial tie-breaker? In this case, as will be the case with many others, the lower court's ruling will stand.
An example of one such case is Friedrich v. California Teachers Association ET AL. Plaintiff Rebeca Friedrich and nine other California teachers along with Christian Educators Association International hold that their First Amendment rights have been violated. By requiring California public school teachers to pay union dues as an employment requisite, the unions interfere with teachers' freedom of speech and association. An interesting twist in this case: Plaintiffs claim the only Court with authority to grant relief in this case is the Supreme Court as lower courts cannot overturn Supreme Court precedent. In order to speedily move the case through the trial court and Ninth Circuit Court of Appeals, Plaintiffs' counsel petitioned both courts to the decide against the Plaintiffs without trial or oral argument. And many legal strategists assumed Supreme Court justices would decide in favor of Friedrich once the case was heard.
It is highly likely that Soto mayor, Kazan, Beyer, and Ginsburg's opinions will affirm the lower court rulings. While Justices Roberts, Ali to, Thomas, and Kennedy will likely oppose the lower court decision splitting the court 4-4. So what happens in this proverbial tie-breaker? In this case, as will be the case with many others, the lower court's ruling will stand.
However, the decision to grant a rehearing remains at the discretion of the court. And precedent has been established in this regard. For instance, in 1985 Justice Powell took a leave of absence for health matters. And several cases with a close vote were re argued on his return. The same transpired after Justices Thomas and Kennedy were appointed.
Regardless of the final outcome of Friedrich, in the absence of the Justice Scala it will be more difficult to find majority decisions arising from the Supreme Court. And ultimately, several cases may end up reheard. In the meantime, this grants the appellate courts more power until the vacancy is filled.
The Los Angeles Appeal Law Firm of Bassoonist Law recognizes that each client seeks justice for unique reasons. Skillfully, our appellate team develops personalized legal strategies to suit these needs.
