Fisher II and Scalia's passing

goldenbear2020
Sun, 14 Feb 2016 02:47:11 +0000

It needs a 4-3 majority (rather than needing a 5-3 majority with Scalia), so the case proceeds as normal. All other cases, though, will have the possibility of a 4-4 tie.

“Justice Elena Kagan has recused herself because she dealt with the case as solicitor general, meaning only seven justices will be voting on the final opinion and a tie is not possible. Anthony Kennedy is the swing vote, with the decision likely to be 4-3.”