Dow Chemical Co. v. Stephenson
Headline: Court splits in Dow Chemical appeals: affirms one family’s result by an evenly divided vote and sends another family’s case back to the appeals court for reconsideration.
Holding:
- Sends the Isaacsons' case back to the Second Circuit for reconsideration under Syngenta.
- Leaves the Stephensons’ favorable outcome intact because the Justices split evenly.
- Shows that a tied Supreme Court leaves lower-court results in place.
Summary
Background
The case involved Dow Chemical Company and other petitioners and two groups of respondents: Joe and Phyllis Isaacson, and Daniel and Susan Stephenson and their children. The dispute reached the U.S. Court of Appeals for the Second Circuit and then came to the Supreme Court. The case was argued on February 26, 2003, and the Court announced its unsigned opinion on June 9, 2003. Seth P. Waxman argued for the petitioners and Gerson H. Smoger argued for the respondents.
Reasoning
The Court issued a brief unsigned opinion and split its decision. It told the Second Circuit to reconsider the Isaacsons’ matter by vacating that judgment and remanding in light of Syngenta Crop Protection, Inc. v. Henson (2002). As to the Stephensons, the Supreme Court affirmed the lower-court result because the Justices were equally divided and there was no majority to change that outcome. Justice Stevens did not participate in the case.
Real world impact
Practically, the Isaacsons’ claims will return to the federal appeals court for reconsideration under the Court’s guidance in Syngenta, so their legal outcome could still change. The Stephensons keep the lower-court ruling because the tie left that result in place. The filings show considerable outside interest: multiple amici briefs urged both reversal and affirmance, including state attorneys general and industry and public-interest groups.
Dissents or concurrances
There is no separate signed majority opinion; the per curiam (unsigned) disposition and Justice Stevens’ nonparticipation help explain why a tie left one lower-court result intact and required reconsideration for the other.
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