The day after the death of Senior Judge Max Rosenn, a divided three-judge panel of the 3rd Circuit issued a decision in which Rosenn cast the deciding vote. What, if anything, is wrong with this picture? Attorney Howard J. Bashman examines this and other instances which show that no uniform approach has emerged from the federal appellate courts themselves or Congress concerning whether a deceased judge can cast the dispositive vote in support of an appellate court's judgment.
Dead Judges Voting: When Does Life Tenure End?
Special to Law.com
February 21, 2006