The Kennedy Court

Abstract

Where Kennedy voted with the three conservative justices – Roberts, Thomas and Alito – the result was a 4-4 tie. This meant that the lower court decision was affirmed, without opinion from the Supreme Court, by an evenly divided court. This occurred most notably in United States v. Texas, which was a challenge to President Obama’s immigration action, Deferred Action of Parents of Americans, and in Friedrichs v. California Teachers Association, which was about whether non-union members can continue to be required to pay agency fees that support collective bargaining activities. In the former, it meant that a nationwide preliminary injunction against the Obama immigration action remains in effect. In the latter, it means that there is no change in the law, and non-union members must continue to pay their “fair share” of fees.