SCOTUS 4 to 4 decisions are now a reality

Now that the Supreme Court has issued it's first 4 to 4 tied decision since the death of Justice Antonin Scalia, let's revisit what that means.   The case was a relatively simple one, having to do with banking and to what extent spouses are responsible for each other's debts.   The unsigned decision needed only one sentence:  “The judgment is affirmed by an equally divided Court.”

A tied decision by the highest court means that the lower court decision stands, but it applies only to the case decided.  No precedent is set, leaving room for a similar case from a different appellate court to lead to a different outcome.

Other cases before SCOTUS this year will be of more interest.  A tied decision on the public union fees case would be a big win for labor, which was the appeals court decision -- even though it probably would have been overturned with Scalia's SCOTUS vote.

Similarly, but in the opposite direction, the lower court decision in the Texas abortion clinic case favored the anti-abortion position.  Of course, if that is the result without Scalia's vote, it would have been even stronger with his vote.

Unfortunately, none of this will sway Senate Republicans, who remain adamant about refusing to consider any Obama nominee.   Justice Anthony Kennedy once commented that 4-4 ties “mean that everybody’s time is wasted." But, put up against the crucial chance to change the direction of the Supreme Court for decades to come . . . what does that matter?  [irony fully intended] 

Ralph