“Courts and governments have consistently treated reference opinions as every bit as authoritative as regular cases, and so if the federal government decided a tie vote here gave it leeway to pretend the IAA remained ‘good law’ it would be the one playing with fire.”
Can’t they get Marc Nadon off the bench (or should I say, on the bench)?
Kidding aside, I agree with your comments; Wagner C.J.C. should have left it as an 8-justice panel.
“Courts and governments have consistently treated reference opinions as every bit as authoritative as regular cases, and so if the federal government decided a tie vote here gave it leeway to pretend the IAA remained ‘good law’ it would be the one playing with fire.”
Can’t they get Marc Nadon off the bench (or should I say, on the bench)?
Kidding aside, I agree with your comments; Wagner C.J.C. should have left it as an 8-justice panel.