Supreme Court of the United States

Jim Yovino, Fresno County Superintendent of Schools v. Aileen Rizo

February 25, 2019139 S. Ct. 706

Summary

The Supreme Court held that a federal appellate court may not count the vote of a judge who died before the decision was filed. Because the deceased judge was not an active judge, his vote could not constitute a majority, rendering the Ninth Circuit’s en banc opinion invalid. The Court vacated the Ninth Circuit judgment and remanded for further proceedings.