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There's a 2A case opening before the Supreme Court today...

Heard a synopsis and Ginsburg and Sotomayor REALLY don't want it heard. Which of course means it should be.

This makes me wonder what would happen if Ginsberg was out sick, or passed away? Would they precede with the case without her or if this happened in absentee of any of the judges.
 
Heard a synopsis and Ginsburg and Sotomayor REALLY don't want it heard. Which of course means it should be.

The chief justice indicated that he is in favor of dismissing the case as moot. Sotomayer was about jumping out of her chair insisting it was moot. If he joins the liberals, the case will be thrown out.

You need to fully appreciate the institutional bias of SCOTUS against giving "advisory opinions" and Roberts has constantly expressed concerns about the maintaining the institutional image.

This makes me wonder what would happen if Ginsberg was out sick, or passed away? Would they precede with the case without her or if this happened in absentee of any of the judges.

She can be "out sick" and participate in the final decision. Only if she is dead or resigns will she will not participate in the decision. One of the great unanswered questions in American jurisprudence is what to do with a federal judge who becomes physically or mentally incompetent. Ginsberg can be on life support in ICU and still participate in the decision.

If she resigns or dies, the court can still decided the case, and a 4-4 decision would affirm the lower court ruling.
 
The chief justice indicated that he is in favor of dismissing the case as moot. Sotomayer was about jumping out of her chair insisting it was moot. If he joins the liberals, the case will be thrown out.

You need to fully appreciate the institutional bias of SCOTUS against giving "advisory opinions" and Roberts has constantly expressed concerns about the maintaining the institutional image.



She can be "out sick" and participate in the final decision. Only if she is dead or resigns will she will not participate in the decision. One of the great unanswered questions in American jurisprudence is what to do with a federal judge who becomes physically or mentally incompetent. Ginsberg can be on life support in ICU and still participate in the decision.

If she resigns or dies, the court can still decided the case, and a 4-4 decision would affirm the lower court ruling.
Roberts is a shill. Full stop.
 
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