• Flying Squid
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    12 years ago

    You could just say a tie kicks it back down to a lower court.

    • @mkwt
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      22 years ago

      That’s exactly what the actual policy on ties is. Last decision from the lower court stands, but does not set a precedent.

      No matter how many justices you set up on the court, you have to have a policy on ties. But I think with an odd number you do a lot to reduce the frequency of tied decisions.