# Can the supreme court be deadlocked?
**URL:** https://boards.straightdope.com/t/can-the-supreme-court-be-deadlocked/442441
**Category:** Factual Questions
**Created:** [March 23, 2008, 4:12pm UTC](https://boards.straightdope.com/t/can-the-supreme-court-be-deadlocked/442441 "2008-03-23T16:12:47Z")
**Posts on this page:** 9
**Page:** 1
### Author:  [@doubled](https://boards.straightdope.com/u/doubled)
#### Post date: [March 23, 2008, 4:12pm UTC](https://boards.straightdope.com/t/can-the-supreme-court-be-deadlocked/442441/1 "2008-03-23T16:12:47Z")
Has there ever been a case where the supreme court was deadlocked? Say, one of the justices had to recuse himself for a case because he knew the defendant, or maybe the case came up while there was an open vacancy on the court. What would happen if the remaining eight justices split 4-4? Has this even happened?
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### Author:  [@CynicalGabe](https://boards.straightdope.com/u/CynicalGabe)
#### Post date: [March 23, 2008, 4:35pm UTC](https://boards.straightdope.com/t/can-the-supreme-court-be-deadlocked/442441/2 "2008-03-23T16:35:55Z")
Yes, there have been cases. In the case of a tie, the lower court’s decision will stand.
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### Author:  [@Airman\_Doors\_USAF](https://boards.straightdope.com/u/Airman_Doors_USAF)
#### Post date: [March 23, 2008, 4:46pm UTC](https://boards.straightdope.com/t/can-the-supreme-court-be-deadlocked/442441/3 "2008-03-23T16:46:24Z")
If they deadlock 4-4 (for the reasons you stated above), the lower appellate court ruling stands. From the ubiquitous [Wiki](http://en.wikipedia.org/wiki/Supreme_Court_of_the_United_States#How_a_case_moves_through_the_Court):
> [@](#):
>
> It is possible that, through recusals or vacancies, the Court divides evenly on a case. If that occurs, then the decision of the court below is affirmed, but does not establish binding precedent. In effect, it results in a return to the status quo ante. For a case to be heard, there must be a quorum of at least six justices. If, because of recusals and vacancies, there is no quorum to hear a case and a majority of qualified justices believes that the case cannot be heard and determined in the next term, then the judgment of the court below is affirmed as if the Court had been evenly divided. For cases brought directly to the Supreme Court by direct appeal from a United States District Court, the Chief Justice may order the case remanded to the appropriate U.S. Court of Appeals for a final decision there.
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### Author:  [@Freddy\_the\_Pig](https://boards.straightdope.com/u/Freddy_the_Pig)
#### Post date: [March 23, 2008, 5:14pm UTC](https://boards.straightdope.com/t/can-the-supreme-court-be-deadlocked/442441/4 "2008-03-23T17:14:21Z")
What would happen in the event of a 4-4 tie in one of the rare cases where the Court has original jurisdiction? Has this ever happened?
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### Author:  [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)
#### Post date: [March 23, 2008, 5:55pm UTC](https://boards.straightdope.com/t/can-the-supreme-court-be-deadlocked/442441/5 "2008-03-23T17:55:35Z")
They can put off hearing the case until the vacancy is filled.
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### Author:  [@R.P.McMurphy](https://boards.straightdope.com/u/R.P.McMurphy)
#### Post date: [March 23, 2008, 6:01pm UTC](https://boards.straightdope.com/t/can-the-supreme-court-be-deadlocked/442441/6 "2008-03-23T18:01:05Z")
[QUOTE=ElvisL1ves]
They can put off hearing the case until the vacancy is filled.
[/QUOTE]
What if one judge had to recuse due to conflict of interest and there was no foreseeable change in the makeup of the court?
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### Author:  [@Polycarp](https://boards.straightdope.com/u/Polycarp)
#### Post date: [March 23, 2008, 8:32pm UTC](https://boards.straightdope.com/t/can-the-supreme-court-be-deadlocked/442441/7 "2008-03-23T20:32:25Z")
[QUOTE=Spartydog]
What if one judge had to recuse due to conflict of interest and there was no foreseeable change in the makeup of the court?
[/QUOTE]
No Supreme Court justice **has to** recuse himself from any case. It’s a matter of personal ethics to do so.
However, the Court ordinarily does not sit to hear an original jurisdiction case _ab novo_– normal procedure is to appoint a Special Master to sit as a “trial court” of sorts, obtaining the factual evidence and arguments. I believe he ordinarily recommends a ruling based on the evidence and law before him – which of course the justices are not bound to abide by.
My hunch, however, is that if the prospect of a 4-4 tie on an original jurisdiction case loomed:
1. The justice who was expected to recuse himself would sit, making every effort to judge equitably and not in accord with his personal interests; or
2. If my presumption about a recommended judgment is correct, the judgment of the Special Master would stand as the court’s judgment, in like manner to what happens on ties in certiorari cases.
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### Author:  [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)
#### Post date: [March 23, 2008, 9:31pm UTC](https://boards.straightdope.com/t/can-the-supreme-court-be-deadlocked/442441/8 "2008-03-23T21:31:29Z")
[QUOTE=Spartydog]
What if one judge had to recuse due to conflict of interest and there was no foreseeable change in the makeup of the court?
[/QUOTE]
Picture a black-robed version of Rock-Paper-Scissors.
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### Author:  [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)
#### Post date: [March 23, 2008, 10:57pm UTC](https://boards.straightdope.com/t/can-the-supreme-court-be-deadlocked/442441/9 "2008-03-23T22:57:28Z")
[QUOTE=Spartydog]
What if one judge had to recuse due to conflict of interest and there was no foreseeable change in the makeup of the court?
[/QUOTE]
Russian Roulette, baby.