Originally published on May 26, 2016 on The Washington Post by Robert Barnes.
Her colleagues may be maintaining a stiff upper lip, but Justice Ruth Bader Ginsburg said Thursday that the Supreme Court is being hurt by having only eight justices.
The Supreme Court has deadlocked 4 to 4 in several cases since Justice Antonin Scalia’s death in February. Ginsburg told judges at a conference in New York that the situation is unfortunate because it essentially means important issues are being denied Supreme Court review, according to a copy of her prepared remarks.
“That means no opinions and no precedential value; an equal division is essentially the same as a denial of review,” Ginsburg said.
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