Short Handed SCOTUS Directly Affects Montana

Without a ninth Justice on the Supreme Court of the United States, cases decided by a 4-4 decision cannot legally established a uniform, nationwide law.  In this case, a 4-4 ruling would not provide a resolution to this case, or future similar cases.

The justices heard arguments in a case from Montana in which defendant Brandon Betterman waited in jail for 14 months before being sentenced on a bail-jumping charge.

Last week, Senator Tester again called on the Senate to hold a hearing on Judge Merrick Garland, the judge nominated by the President to replace Scalia on the court.  During a speech at the University of Montana on Thursday, Senator Jon Tester said, “It’s truly time for Congress to do their damn job.”

The court has never before extended the right to a speedy trial that is part of the Sixth Amendment to the sentencing phase of a case.

Some justices suggested that sentencing delays would be better handled under the Constitution's due process clause that protects people's rights in the Fourteenth Amendment.

(The Associated Press contributed to this story)