Opinion · 1989-08-11

Tompkins v. Texas

Evenly split Justices affirm the lower court’s ruling in a Texas case, leaving the lower-court judgment in place without a full Court opinion while one Justice did not participate.

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Updated 1989-08-11

Holding

The Court affirmed the lower court's judgment by an equally divided Court and issued a per curiam decision, with Justice O'Connor taking no part in the consideration or decision.

Real-world impact

  • Leaves the lower court’s judgment in place for this case.
  • No controlling, published majority opinion explaining the Court’s reasoning.

Topics

tie voteaffirmed lower courtper curiam decisionJustice not participating

Summary

Background

An individual named Tompkins and the State of Texas were the parties in this case. The Supreme Court heard argument on December 6, 1988, and issued its decision on June 5, 1989. Counsel for both sides and amici briefs were filed and noted in the opinion.

Reasoning

The printed opinion is a short per curiam statement: "The judgment below is affirmed by an equally divided Court." The Court did not publish a signed majority opinion explaining the legal reasoning. The opinion also records that Justice O'Connor took no part in the consideration or decision of the case.

Real world impact

Because the Justices were evenly divided, the immediate practical effect was to leave the lower court's judgment in place for this particular case. The Supreme Court's per curiam note contains no majority explanation of the legal issues, so the opinion itself does not provide a new, Court-wide explanation for other cases. The opinion records participation of counsel and amici who urged reversal, but the evenly divided vote was controlling for the outcome.

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