Fisher II and Scalia's passing

awcntdb
Sun, 14 Feb 2016 02:42:49 +0000

^^ The case actually goes forward as normal, and in the event of 4 - 4 tie, then the lower court case is upheld and unchanged. However, this does not create a national ruling - the lower court decision only applies to the circuit that made the ruling.

EDIT: In addition, pretty sure if Scalia already voted on cases which HAVE NOT been released / finalized yet, then his vote is erased and could lead to even more ties and even more stalemates in circuit courts.