Question

Mary has already won her case at the U.S. Court of Appeals. When the case is reviewed by the Supreme Court, only eight judges are present. Four of the judges vote for Mary while the other four vote against her. Which if the following will be the result of this case?
A. The case will be sent to the U.S. Court of Appeals for a review.
B. Mary will win the case as she had already won at the U.S. Court of Appeals.
C. The case will be reviewed again by the U.S. Supreme Court when all the judges are present.
D. Mary will win and the case will set a precedent for later cases.

Answer 1

Answer:

B. Mary will win the case as she had already won at the U.S. Court of Appeals.

Explanation:

When 8 judges review Mary's case and is split 4-4 she will win the case as she has won it in the lower court. However the case will not set a precedent for future cases.

This is a rare occurrence as there are usually 9 justices presiding in supreme court reviews.