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

The Supreme Court said a federal appeals court cannot count the vote of a judge who died before the decision was issued. This case arose after the Ninth Circuit counted Judge Stephen Reinhardt's vote in an en banc (full-court) Equal Pay Act ruling released after his death.

The Court issued a per curiam opinion on February 25, 2019. The prompt does not provide a vote count or full lineup.

“"May a federal court count the vote of a judge who dies before the decision is issued?"”

The decision affects how federal courts issue opinions when a judge dies before publication. For example, a close employment case could come out differently if a deceased judge's vote cannot be included.

The Supreme Court's work on this case is finished. The lower court must proceed without counting Judge Reinhardt's posthumous vote.

The justices decided whether a federal court may count the vote of a judge who dies before the opinion is issued. They said it may not.

It sets a rule for all federal courts when a judge dies before a decision is released. That can affect outcomes in close cases.

The Supreme Court's docket action is over. The lower court must handle the case without treating Judge Reinhardt's vote as valid.