Will SCOTUS be Evenly Divided in Spokeo Case?

How will the Supreme Court vacancy impact the outcome of the pending Spokeo, Inc. v. Robins case?

The case may decide whether a plaintiff must allege that he or she has suffered an actual harm or injury in order establish standing to sue in federal court. The Supreme Court is hearing the case after the Ninth Circuit “held that Congress, by creating laws that provide for statutory rights or penalties, can authorize uninjured consumers to sue,” reports InsideARM.

With Justice Scalia’s passing, “many believe that the Court now will be left evenly divided, with no majority view,” reports InsideARM. “If the Court issues a decision in that instance, ruling 4-4, the lower court opinion will stand as if the Supreme Court had never heard the case, with no precedent set by the Supreme Court.”

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