Jerrold J Ganzfried

April 13, 2016 | Supreme Court Brief

Recent decisions have shown two paths that a U.S. Supreme Court case can take while one seat remains vacant. A 4-4 division is possible, as in the high-stakes union-fees case. But the justices can also search for a decision that a majority can support, even if they disagree on the dispositive reasoning.

By Jerrold J. Ganzfried and William M. Jay

10 minute read