United States Supreme Court

Held that the Ninth Circuit should not have counted the vote of a circuit judge who died before the decision was issued, because deceased federal judges cannot exercise judicial power after their death. The judge had passed away 11 days before the issuance of his en banc majority opinion in this Equal Pay Act case, and his vote made a difference in the outcome. Based on this error, the U.S. Supreme Court vacated and remanded in a per curiam opinion.

Appellate Information

• Published 2019/02/25

Judges

• Per Curiam

Court

• United States Supreme Court

Counsel