"Does the decision to change the ID have to be 4-0 unanimous, or would 3-1 suffice? Would 2-2 default to "the ALJ ID decisions stand"?"
The 4-0 to grant Review approval only conveys implied interest in reviewing the decision/basis of Gildea's ID that no infringement incurred, IMO.
I like 4-0 much better than 3-1 !!..Everybody agrees "something" appears amiss?..Group think, maybe?....I just don't buy the argument the Commisssion voted 4-0 for appearance sake only. Too cynical an explanation to imply the decision was for appearance sake, IMO.
IMO, a 2-2 decision would let Judge Gildea's decision stand. I don't believe the Commission desires/tolerates a split verdict between the Federal District court system & the Government Administrative Court system....Would be interesting if such an occurrence has ever happened before? Recent past? Further appeal to US Court of Appeals? Length of time to reach US Court of Appeals and ultimate decision?.....Regardless, if this has ever happened in the past, we are talking about the here and now, and past decisions may not be proper guidance as to how current and/or future cases may be adjuticated....Random Walk theory..Each case is different..Virt