The day after Senior Circuit Judge Max Rosenn died Feb. 7 at the age of 96, following more than 35 years of exemplary service on the 3rd U.S. Circuit Court of Appeals, that court issued a decision by a divided three�judge panel in which Rosenn cast the deciding vote. What, if anything, is wrong with this picture?

Death is a fate that no human being — not even federal appellate judges — can avoid. Therefore, it is surprising that no uniform approach has emerged from either the federal appellate courts or from Congress concerning whether a deceased judge is entitled to cast the deciding vote in support of an appellate court’s judgment.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]