Sibley v. Alito

Supreme Court of the United States
Sibley v. Alito, 176 L. Ed. 2d 176 (2010)
2010 U.S. LEXIS 2121; 130 S. Ct. 1729; 559 U.S. 965; 78 U.S.L.W. 3498
Breyer, Consideration, Ginsburg, Kennedy, Scalia, Stevens, Thomas, Took

Sibley v. Alito

Opinion of the Court

Petition for writ of cer-tiorari to the United States Court of Appeals for the District of Columbia Circuit. Because the Court lacks a quorum, 28 U.S.C. § 1, and since the only qualified Justice is of the opinion that the case cannot be heard and determined at the next Term of Court, the judgment is affirmed under 28 U.S.C. § 2109, which provides that under these circumstances “the court shall enter its order affirming the judgment of the court from which the case was brought for review with the same effect as upon affirmance by an equally divided court.”

The Chief Justice, Justice Stevens, Justice Scalia, Justice Kennedy, Justice Thomas, Justice Ginsburg, Justice Breyer, and Justice Alito took no part in the consideration or decision of this petition.

Reference

Full Case Name
Montgomery Blair Sibley v. Samuel A. Alito, Jr., Associate Justice, Supreme Court of the United States
Status
Published