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February 25, 2019 Practice Points

SCOTUS: Judge’s Vote Doesn’t Count if Judge Dies Before Decision Is Issued

In a per curiam opinion, the Court ruled that federal judges are appointed for life, not for eternity.

By Sanford Hausler

On February 25, 2019, the U.S. Supreme Court, in a per curiam opinion, addressed the question of whether a federal court can count the vote of a judge who dies before the decision is issued. The Court unanimously answered no, with Justice Sonia Sotomayor concurring in the judgment without separate opinion.

Sanford Hausler is of counsel with Cox Padmore Skolnik & Shakarchy LLP in New York, New York.

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