The Firing Line Forums - View Single Post - Seventh Circuit Ruling Reveals Anti-Approach to Incorporation

Bartholomew Roberts · June 5, 2009, 10:02 AM

Sotomayor would only have to recuse herself if Maloney was combined with Chicago.

As for a 4-4 tie, in that case the decision of the lower court is upheld; but the case has no precedential value. It is effectively the same as if SCOTUS had denied cert. From a practical standpoint we would be hosed though because Sotomayor wouldn't have to recuse herself on the next case and we would lose 5-4. Likely the makeup of the Court isn't going to improve in the next 4 years and another case would almost surely make it to the Court before then.

June 5, 2009, 10:02 AM	#18
Bartholomew Roberts member Join Date: June 12, 2000 Location: Texas and Oklahoma area Posts: 8,462	Sotomayor would only have to recuse herself if Maloney was combined with Chicago. As for a 4-4 tie, in that case the decision of the lower court is upheld; but the case has no precedential value. It is effectively the same as if SCOTUS had denied cert. From a practical standpoint we would be hosed though because Sotomayor wouldn't have to recuse herself on the next case and we would lose 5-4. Likely the makeup of the Court isn't going to improve in the next 4 years and another case would almost surely make it to the Court before then.