Word: lower-court
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...court announced eight tie rulings, although it also ordered rearguments in four cases heard in his absence. By last week there were 91 cases on the docket for review this term, with dozens more to be added. In those it chooses to decide, a tie would leave the lower-court % decision intact without setting a Supreme Court precedent...
...requested or offered to pick up or hold a vote. A coalition can come unraveled; a close initial vote may wind up going the other way. So the first audience a Justice must please is within the court, but the final opinions are directed beyond the litigants to guide lower-court judges, sometimes to instruct the nation, occasionally even to address history...
...Nicaraguan who now lives in Nevada. Cardoza-Fonseca unsuccessfully claimed before theINS that if forced to return, she would face torture because her brother is a former Sandinista who was imprisoned and tortured by his onetime comrades before he escaped to the U.S. Justice Stevens upheld a lower-court ruling that the INS must reconsider her case using the more lenient standard. In a dissent joined by Chief Justice William Rehnquist and Byron White, Lewis Powell maintained it was reasonable for the INS to find no practical distinction between a "clear probability" and "well-founded fear...
...state government, traditionally one of the cleanest in the country. But a blot has formed on the pristine Green Mountain State record, in, of all places, its supreme court. Last month Vermont's judicial-conduct board accused three of five high-court justices -- Thomas Hayes, 60, William Hill, 69, and Ernest Gibson III, 59 -- of numerous violations of judicial ethics growing out of their allegedly improper efforts to help a lower-court colleague under investigation. Charges against a majority of a supreme court are hardly everyday occurrences, and the move has given taciturn Vermonters quite a bit to talk about...
Protesting their innocence, Hayes, Hill and Gibson have so far resisted pressure from Governor Madeleine Kunin, who three weeks ago urged them to step down. They have, however, disqualified themselves from many of the cases before the court this month. Retired and lower-court judges have been called on to fill out the high bench in these cases, thus somewhat disrupting courts throughout the state. Resolution of the charges against the three could take months, and will wind up in the supreme court. Then the two untainted justices will also have to step aside, leaving it to five non-supreme...