Jim Yovino, Fresno County Superintendent of Schools v. Rizo
In brief
Yovino won because the Ninth Circuit decision was set aside, but the Supreme Court left the prior-salary question unanswered.
- Where it stands
- Decided
Decided 9-0 · February 25, 2019
- What it’s about
- The Supreme Court unanimously vacated the Ninth Circuit’s ruling because it counted the vote of a judge who died before the court filed its opinion.
- Who it affects
- Appeals courts cannot count a judge’s vote after that judge has died, even if the judge helped write the opinion. That rule affects litigants whose cases are decided by multi-judge panels.
Summary: written with AI from the case record.
What it's about
The Court held that a deceased judge cannot participate in a decision when it is issued, so petitioner Yovino prevailed; the Court did not decide the Equal Pay Act question about using prior salary.
The case involved the Equal Pay Act of 1963, but the Court resolved only the question of whether a deceased judge could take part in an issued decision.
Question presented
1. The Equal Pay Act permits employers to pay men and women different wages for the same work “where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex.” 29 U.S.C. § 206(d)(1). Is prior salary a “factor other than sex”? 2. May deceased judges continue to participate in the determination of cases after their deaths?
What the Court decided
The vote
What's next
The Supreme Court has finished this case. The Ninth Circuit’s decision was vacated, and the Equal Pay Act question about prior salary remains unresolved by this decision.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
Case data updated: summary, question_presented, generation_metadata
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Opinion added: opinion
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Brief added: Petition
Court Order added: Lower Court Orders/Opinions
More questions
- What did the Supreme Court rule in Yovino v. Rizo?
- The Court set aside the Ninth Circuit’s decision because it counted the vote of a judge who had died before the opinion was filed.
- Who is affected by the Yovino v. Rizo decision?
- People with cases before multi-judge appeals panels are affected. A panel cannot rely on a deceased judge’s vote when issuing its decision.
- What happens next after Yovino v. Rizo?
- The Supreme Court’s action is complete. Its decision did not answer whether employers may use prior salary to set pay under the Equal Pay Act.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.