After oral argument in the Exxon Valdez case, some began to speculate that the U.S. Supreme Court could divide 4-4 over whether punitive damages awarded in that case should be reduced or set aside entirely. Monday, the Court affirmed by an equally divided vote the decision under review in Warner-Lambert Co. v. Kent. Yet, little attention is paid to implementing a solution that might avoid recusal-based tie votes at the high court, writes commentator Howard J. Bashman, who offers a proposal.
Avoiding Recusal-Based Tie Votes at the U.S. Supreme Court
Special to Law.com
March 4, 2008