WASHINGTON (AP) – The Supreme Court abhors even numbers. But that’s just what the court will have to deal with, perhaps for many months, after the death of Justice Antonin Scalia. Eight justices will decide what to do, creating the prospect of 4-4 ties.
Here are some questions and answers about the effect on the court of the death of its conservative icon and longest-serving justice:
Q. What happens to cases in which Scalia cast a vote or drafted an opinion, but no decision has been publicly announced?
A. It may sound harsh, but Scalia’s votes and draft opinions in pending cases no longer matter. Veteran Supreme Court lawyer Roy Englert says that “the vote of a deceased justice does not count.” Nothing is final at the court until it is released publicly and, while it is rare, justices have flipped their votes and the outcomes in some cases.
Q. What happens if there is a tie?