Quote
Originally posted by Lord Vader:
Quote
Originally posted by airforce:
[b] A temporary appointment can do a lot of damage.

Onward and upward,
airforce
But wouldn't it be possible for any case that this Temporary Justice Ruled on for those cases to be brought back before the Supreme Court with the Conservative Justice? [/b]
Not in the same case, with the same parties involved, since the case would be considered adjudicated. It the decision were a 4-4 tie, the case would also be considered adjudicated. But since there would be no precedent set, another court - or even the same court, in a different case - could bring up the principle involved.

As an example, let's say a lower court rules the Steiner Law in constitutional, and the case is sent to the Supreme Court. If it is a 4-4 tie, the lower court is affirmed and the law would be considered constitutional. However, since there is no precedent set, another appellate court could rule in another, separate action, the law is constitutional, and the plaintiffs could again appeal to the Supreme Court.

However, it it is 5-4, a precedent would be set, even if one of the justices is a temporary appointment. In this case, it is very unlikely the Court would hear it again.

Onward and upward,
airforce