8 SCOTUS vacancies at once - what happens?
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
April 25, 2024, 04:04:11 PM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Discussion
  Constitution and Law (Moderator: Okay, maybe Mike Johnson is a competent parliamentarian.)
  8 SCOTUS vacancies at once - what happens?
« previous next »
Pages: [1]
Author Topic: 8 SCOTUS vacancies at once - what happens?  (Read 322 times)
Sir Mohamed
MohamedChalid
Atlas Star
*****
Posts: 22,702
United States



Show only this user's posts in this thread
« on: September 21, 2020, 08:48:05 AM »

I know this purely hypothetical scenario is unrealistic, but what if for some reason - terror attack or deady virus - 8 SCOTUS justices die at once? Would the surviving justice rule all cases on his or her own? At least for some weeks until nominations are sent to the senate and approved?
Logged
NewYorkExpress
Atlas Star
*****
Posts: 24,823
United States


Show only this user's posts in this thread
« Reply #1 on: September 21, 2020, 09:03:42 AM »

I would imagine the Supreme Court has a quorum requirement (at least I hope they do-the thought of Brett Kavanaugh making decisions by himself scares me.)
Logged
Dereich
Moderators
YaBB God
*****
Posts: 4,908


Show only this user's posts in this thread
« Reply #2 on: September 21, 2020, 09:13:52 AM »
« Edited: September 21, 2020, 09:17:45 AM by Dereich »

The Judiciary Act of 1869 set a quorum at 6 justices, though that is only to hear a case. Even once new justices were appointed they wouldn't vote on cases where they had not participated in argument or deliberations. And any unpublished opinions from the deceased justices would be null; SCOTUS ruled last year in Yovino v. Rizo that if a justice dies before his written opinion or vote is published, that vote does not count. I assume they'd rehear every case that was under consideration at the time.
 
Logged
Pages: [1]  
« previous next »
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.02 seconds with 11 queries.