[20180604]LSB10113_如果五位最高法院法官不能达成一致会发生什么？.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i What Happens When Five Supreme Court Justices Cant Agree? Updated June 4, 2018 UPDATE, 6/4/2018: On June 4, 2018, the Supreme Court issued its decision in Hughes. The Court ultimately deemed it “unnecessary” to decide which opinion governs when no single opinion enjoys a majority and instead decided the case on alternative grounds. Thus, the underlying circuit split concerning the Marks rule remains unresolved, and guidance from the Supreme Court regarding “the proper application of Marks” will have to await a future case. The original post from April 5, 2018, is below. The Supreme Court generally adjudicates by majority rule; whatever legal position garners a majority of votes in favor of its legal position prevails, and the majoritys ruling in that case becomes binding precedent in subsequent cases. But what happens when a majority of Justices agree that a party should win, but cannot agree as to why that party should win? Which Justices opinion, if any, becomes the law when no single opinion enjoys a majority vote? The Supreme Court has stated that “when a fragmented Court decides a case an