A judge's vote in an unannounced opinion held not to survive his or her death

A judge's vote in an unannounced opinion held not to survive his or her deathRizo v Yovino, 586 U. S. ____ (2019) [No. 18–272. Decided February 25, 2019]Chief Judge of the United States Court Appeals for the Ninth Circuit Stephen Reinhardt wrote the court's en banc opinion in Rizo v Yovino. Judge Reinhardt, however, died on March 29, 2018 while the court's decision in the matter was not announced until April 9, 2018. A posthumous footnote in the opinion notes that "Prior to his death, Judge Reinhardt fully participated in this case and authored this opinion. The majority opinion and all concurrences were final, and voting was completed by the en banc court prior to his death."By counting Judge Reinhardt’s vote, the Ninth Circuit deemed Judge Reinhardt’s opinion to be a majority opinion, thereby constituting a precedent that all future Ninth Circuit panels must follow.The U.S. Supreme Court vacated the ruling, holding that…

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