Saturday, February 20, 2016

There Is Hope For The Friedrichs Case

Justice Scalia's death threw a lot of cases up in the air.  Here is a little reassurance regarding the Friedrichs case:
Below is a list of frequently asked questions and their respective answers:
  1. How will Justice Scalia’s passing impact the case?
  2. First and foremost, the Friedrichs case is not over. However, as a result of a potential tie decision, the Center for Individual Rights has announced plans to argue that the case be re-heard when a full Supreme Court can render an authoritative decision.
  3. What would happen if a tie vote were to be made?
  4. If the Supreme Court were to issue a 4-4 decision, the lower court ruling could be upheld.  Waiting for a new justice to be seated will once and for all give teachers the answers they deserve about their free speech rights.
  5. When will the case be re-heard?
  6. While much is still uncertain about the eventual Supreme Court nominee and approval process, experts expect the case to be re-heard during the courts next term, which begins in October of this year. This could mean a year-long delay of the final resolution of the case.
  7. Has this ever happened before?
  8. Yes! There are decades-old examples of the U.S. Supreme Court re-hearing cases that have already been argued once a new justice is appointed to the court.
  9. Union supporters think the case is over. Is that true?
    The Center for Individual Rights – representing the AAE plaintiff teachers in Friedrichs vs. CTA – issued the following statement addressing this issue:

    “Union supporters who proclaimed Friedrichs done and over with within hours of Justice Scalia’s death miss what is at the heart of this case:  the crucial need for our Supreme Court to settle controversial questions of individual rights — rights that affect all Americans — authoritatively.  These central First Amendment issues need to be settled after full deliberation, not as the result of the tragic and untimely death of one Justice.  Friedrichs needs to be heard and decided by a full Court.”
    Read the full statement.
Dare I hope again?

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