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Old October 27, 2020, 10:59 PM   #108
Metal god
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Join Date: April 10, 2012
Location: San Diego CA
Posts: 5,355
Quote:
ACB should be able to participate in any matter in which the entire Court is called to participate.
In general I would expect as much . However what if the court has already heard the arguments before she was sworn in and basically ready to rule ? I guess a better question would be are the other justices or the court as a whole required to have her vote on anything pending at the court the moment she is sworn in ?

I'm asking because I heard there are a few rulings coming out in the next few days/week that she will not be able to take part in . When and or how does that work ? Example I can see if they have already ruled on a case and the clerks and or judges are simply writing the decision . I'd think ACB would not have a vote in that case because the decision has already been made . However what if the "full" 8 judge court has heard all the arguments but there has been no formal vote at the time she is sworn in , Is the court required to have her included or can they exclude ? There must be some type of procedure for these types of things Y/N ?
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