The Supreme Court issued its first 4-4 decision after the death of Justice Antonin Scalia on Tuesday, affirming the opinion of a lower court in a banking case.
In a one-sentence decision, the court affirmed the ruling in the Eighth Circuit Court of Appeals in the case of Hawkins v. Community Bank of Raymore. The decision did not note how each of the eight justices voted.
The case concerned a disputed real estate development loan in which two wives were required by the bank to sign on as guarantors to a loan application from their husbands. The wives argued the loan guaranty, which they were required to pay back when the loan went into default, was invalid because it failed to meet existing federal regulations.
The court of appeals ruled for the bank.
The Supreme Court heard oral arguments in the case in October, before Scalia’s death in mid-February. In oral arguments, Scalia had appeared skeptical of the regulations.
President Obama last week nominated Merrick Garland, chief judge of the U.S. Court of Appeals for the District of Columbia Circuit, to replace Scalia on the nine-member Supreme Court.
Senate Republicans have indicated that they will not hold hearings on Garland’s nomination or otherwise advance his candidacy.
With only eight members, the Supreme Court may fail to reach majorities in any number of cases. The outcome for many split decisions, such as the one resulting from Tuesday’s decision, is that the lower court’s decision is upheld.
