Justice Breyer Reveals Information About The Supreme Court's Remaining Deadlock Decisions
How many decisions will end in a 4-4 split thanks to the loss of Justice Scalia?
We may divide 4-4 in four or five cases, we may not.
— Justice Stephen Breyer, offering little comfort to an audience gathered for an awards ceremony at the Library of Congress yesterday evening. The Supreme Court has already been deadlocked in three cases, and some of the Court’s biggest cases this Term, including those involving abortion and immigration, have yet to be decided. Breyer carefully noted that the high court has ruled unanimously in about half of its cases, splitting 5-4 in only a small portion of its decisions.
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(At the ceremony, Breyer received a Burton Award for Legal Achievement for The Court and the World: American Law and the New Global Realities (affiliate link), his book about how foreign law informs the work of American courts.)
Staci Zaretsky is an editor at Above the Law. Feel free to email her with any tips, questions, or comments. Follow her on Twitter or connect with her on LinkedIn.