Will the Justices Divide 4-4 in Hamdan?
Over at SCOTUSblog, Lyle Denniston has an interesting post on the possibility that the Justices will reach a 4-4 tie in Hamdan v. Rumsfeld. (Chief Justice Roberts has recused himself, as he was on the D.C. Circuit panel below.) I think a tie is unlikely. Given the importance of the case, I think the Justices will go out of their way not to end up 4-4.
I revved up my SCOTUS 330CLe Model Crystal Ball (patent pending, with optional CD player), and it’s telling me that the Court will reverse 5-3. We’ll see if it’s accurate.
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