YOVINO v. RIZO
SUPREME COURT OF THE UNITED STATES
JIM YOVINO, FRESNO COUNTY SUPERINTENDENT OF SCHOOLS v. AILEEN RIZO
on petition for writ of certiorari to the united states court of appeals for the ninth circuit
The petition in this case presents the following question: May a federal court count the vote of a judge who dies before the decision is issued
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Because Judge Reinhardt was no longer a judge at the time when the en banc decision in this case was filed, the Ninth Circuit erred in counting him as a member of the majority. That practice effectively allowed a deceased judge to exercise the judicial power of the United States after his death. But federal judges are appointed for life, not for eternity.
We therefore grant the petition for certiorari, vacate the judgment of the United States Court of Appeals for the Ninth Circuit, and remand the case for further proceedings consistent with this opinion.