Now that the court is 4-4. In a split, yes it is normal for the lower court to stand.
But I fucking hate this notion that means "forever". No, it merely means for now. If you study SCOTUS history, because each president nominates SCOTUS members, over time future courts have overturned prior SCOTUS rulings.
It also the bullshit right wingers thought about the "under God" case that SCOTUS threw out with Newdow. They were not saying "it stays in forever", they threw it out because Newdow technically didn't have enough legal custody to bring the case up on behalf of his kid.
Our three branch system isn't one that remains stagnant and never allows for long term change. What is causing our current deadlock with a 4-4 court is again, not based on the Constitutional right of a President to nominate, but the obstruction of basically what amounts to sore losers.
But I fucking hate this notion that means "forever". No, it merely means for now. If you study SCOTUS history, because each president nominates SCOTUS members, over time future courts have overturned prior SCOTUS rulings.
It also the bullshit right wingers thought about the "under God" case that SCOTUS threw out with Newdow. They were not saying "it stays in forever", they threw it out because Newdow technically didn't have enough legal custody to bring the case up on behalf of his kid.
Our three branch system isn't one that remains stagnant and never allows for long term change. What is causing our current deadlock with a 4-4 court is again, not based on the Constitutional right of a President to nominate, but the obstruction of basically what amounts to sore losers.
