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the lower court's decision stands unless there is a majority of the Supreme Court in favor of overturning it.

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Q: What happens when there is a tied decision by the us supreme court?
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What might happen if decisions of the Supreme Court were not final?

Cases would be tied up in the appellate courts forever, and there would be few established precedents on which to base a decision. Chaos and gridlock.


Can the US Supreme Court have twelve members sitting on it?

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.


What is the current ethnic diversity of the US Supreme Court?

At present, the US Supreme Court seats seven Caucasians, one African-American, and one Latina. Additionally, two of the Caucasian justices are Jewish.The Supreme Court lags behind other government institutions in terms of representative diversity in part because the commitment to diversity is historically recent, and in part because justices are appointed for life terms, making turnover much lower than for positions tied to Presidential administrations.


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