Supreme Court rules that a federal court can’t count the vote of a judge who died before a decision was issued, saying 'federal judges are appointed for life, not for eternity.”
Supreme Court: Judges can’t rule from beyond the grave By JESSICA GRESKO February 25, 2019 People wait to enter the Supreme Court, Monday, Feb. 25, 2019, in Washington. WASHINGTON — Federal judges can’t rule from beyond the grave, the Supreme Court said Monday. The high court said in an unsigned opinion that a federal court can’t count the vote of a judge who died in a decision issued after the judge’s death. The justices said “federal judges are appointed for life, not for eternity.
” “That practice effectively allowed a deceased judge to exercise the judicial power of the United States after his death,” the justices wrote. The Supreme Court noted that without Reinhardt’s vote, the majority opinion he authored was only approved by 5 of the 10 judges on the panel hearing the case “who were still living when the decision was filed.” The Supreme Court sent the case back to the Ninth Circuit for reconsideration.
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