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The justices said in anunsigned opinion in Yovino v. Rizo, that Judge Stephen Reinhardtwas no longer a judge when the U.S. Court of Appeals for the NinthCircuit filed its en banc opinion. . (Photo: Jason Doiy/ALM)

The U.S. Supreme Court on Monday said a lower federal appealscourt was wrong to count a deceased judge in its majority decisionin a major case involving whether employers can use salary historyas a reason to pay a woman less than a man for the same work.

The justices said in an unsigned opinion inYovino v. Rizo, that Judge Stephen Reinhardt was no longera judge when the U.S. Court of Appeals for the Ninth Circuit filedits en banc opinion. The court vacated a ruling that forbade employersfrom using prior salary history in justifying wage differencesbetween male and female employees. The justices did not examine themerits of the dispute.

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Marcia Coyle

Marcia Coyle, based in Washington, covers the U.S. Supreme Court. Contact her at [email protected]. On Twitter: @MarciaCoyle