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Yes, if Congress passes legislation increasing the size of the Supreme Court to twelve. The last time Congress changed the number of seated justices was in the Judiciary Act of 1869.

The major problem with an even-numbered Court would be the potential for split (tied) decisions. When the Court has a tied vote, they are forced to either rehear arguments and take another vote or render a decision "affirmed by an evenly divided Court." In the latter case, the decision of the lower court is final, but doesn't settle the constitutional question raised or set binding precedent on the lower courts.

For more information, see Related Questions, below.

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15y ago

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