Monday, February 15, 2016

Justice Scalia 1936-2016

Scalia at Pepperdine in 2009
The blawgosphere is alight with posts on nearly every possible angle and topic related to Justice Scalia's passing. (See How Appealing for zillions of links.) From a California perspective, speculation about possible nominations of Supreme Court Justices Goodwin Liu or Tino Cuellar, or AG Kamala Harris are available (see At the Lectern for some links). From a specifically Southern California perspective, the LA Times and others mention the 9th Circuit's Paul Watford as a possible nominee (here and here [also mentioning Judge Nguyen]). [See Short List for Scalia's Seat Includes California Judges.]
In recent years, Justice Scalia visited Pepperdine Law School, USC, USD, and appeared in California Lawyer (video) and at the State Bar's Annual Meeting in San Diego in 2014. He also attended bar events in LA (particularly along with his co-author Bryan Garner, e.g., here for ABTL). Considering how infrequently SCOTUS Justices visit SoCal, Justice Scalia was arguably something of a regular.

Image result for tie goes to the runnerNow, on to what everyone is going to be asking you, the neighborhood appellate specialist: What happens if there's a 4-to-4 tie at the Supreme Court among the eight serving justices? The answer, of course, is that a tie effectively means an affirmance: The lower court decision remains intact, and no new precedent is created by the Supreme Court.