The Supreme Court of the United States is the highest court in the federal judiciary of the United States. The Court holds ultimate authority over the interpretation and application of the Constitution and federal law. It has original jurisdiction over a narrow range of cases, including suits between two or more states and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal law. The Supreme Court’s decisions are final and binding on the lower courts.
How many justices sit on the Supreme Court?
The Supreme Court consists of a Chief Justice and eight associate justices. The number of justices is set by Congress, not the Constitution, and Congress has changed the number over time. The Judiciary Act of 1789 set the original size of the Supreme Court at six justices. In 1801 it was decreased to five. In 1807 it was increased to seven. In 1837, the number was raised to nine, where it has remained ever since. Proposals have been made at various times for everything from five to 15 justices.
How many justices are needed for a quorum?
The Supreme Court requires a quorum of at least six justices (out of the full nine) in order to hear a case. This requirement for a quorum is set by federal statute, not the Constitution. If there are less than six justices available for arguments, for example due to recusals or vacancies, the Court postpones the cases scheduled for that session until such time as a quorum is present.
How many justices must agree to decide a case?
While only six justices need to be present to hear a case, more than that number is frequently needed to render an actual decision. The most common outcome is for a majority (five or more) of the participating justices to agree on the decision and its reasoning. When this happens, one justice writes the opinion of the Court explaining the majority’s rationale. Any justices who dissent write their own dissenting opinions.
Less commonly, the court may divide 4-4 or 5-3. In these scenarios there is no majority agreement, so no binding precedent is set. However, the lower court’s ruling still stands under a divided Supreme Court.
Unanimous decisions
In some cases, all nine justices agree not just on the outcome but also on the legal principles and reasoning behind a decision. These unanimous rulings carry extra legal weight compared to non-unanimous decisions. Between 1953 and 2006, approximately 36% of decisions were unanimous.
8-1 or 7-2 decisions
It is also relatively common for the Court to reach a supermajority decision with eight or seven justices agreeing. Like unanimous rulings, these supermajority opinions send a strong message about the Court’s support for a particular position.
5-4 decisions
A significant percentage of Supreme Court rulings are decided by the narrowest 5-4 margin, with five justices in the majority and four dissenting. 5-4 splits are more likely in cases involving controversial issues where the justices’ ideological differences come into play. In recent years, one study found that about 20% of cases resulted in 5-4 decisions.
What happens if there is a tie vote?
As mentioned above, a tie 4-4 vote represents a lack of majority agreement and therefore results in no precedent being set. The lower court’s ruling still stands, but the Supreme Court does not create binding precedent on how that type of case should be decided going forward. The effect is as if the Supreme Court had declined to hear the case at all.
4-4 splits can occur due to an even number of justices hearing a case. This may happen if there is a vacancy on the Court due to retirement or death. It may also occur when one or more justices recuse themselves from a particular case because of a conflict of interest. For example, if a case comes before the Court involving a corporation in which one of the justices owns stock, that justice would recuse.
How many votes are needed for a stay or injunction?
The Supreme Court has discretionary authority to issue temporary emergency relief, such as stays of lower court orders or injunctions. It takes five votes (a majority of the full nine justices) to grant a stay or injunction. However, such emergency relief is granted only when at least five justices agree that the circumstances warrant overriding the lower court’s order. Otherwise the lower court’s ruling remains in effect.
When do Supreme Court justices recuse themselves?
Supreme Court justices sometimes recuse themselves from participating in certain cases where they perceive a conflict of interest or the appearance of a conflict. There is no binding code of conduct that lays out when recusal is required. Rather, it is left up to each individual justice to decide if their impartiality could reasonably be questioned.
Common reasons for recusal include:
- Financial conflicts – e.g. if the justice owns stock in a company involved in the case
- Prior involvement with the case as a lower court judge or government attorney
- Personal relationships with parties in the case
- Prior public statements or writings indicating bias or prejudgment of the issues
Justices do not explain the reasons for their recusal other than stating it is “for personal reasons.” Critics argue the recusal process lacks transparency and accountability.
How many votes are required for Supreme Court rulings?
In summary:
- 6 justices constitute a quorum required to hear a case
- 5 votes are needed for a majority decision establishing precedent
- Fewer than 5 votes results in no precedent due to a lack of majority consensus
- Unanimous (9-0) decisions carry extra legal weight
- Supermajority (8-1 or 7-2) decisions indicate strong support
- 5 votes are required to grant emergency stays or injunctions
- Tie 4-4 votes uphold the lower court ruling but set no binding Supreme Court precedent
The number of justices voting a particular way often reflects where they stand on the legal issues and ideologies at stake in the case. The total number participating may be less than nine due to recusals or vacancies on the Court at the time of the decision.
Conclusion
In conclusion, the Supreme Court generally requires a majority of participating justices – five out of the normal nine – to reach a decision establishing precedent in a case. Six justices constitute the quorum needed just to hear and decide a case, while fewer than five votes results in a non-precedential tied outcome. Unanimous and supermajority decisions demonstrate stronger support. The number voting a certain way provides insight into the justices’ judicial philosophies and positions on the issues. Recusals or vacancies may reduce the number below the full nine, but a majority of those present is still needed to render a precedential decision.