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Moderately liberal to liberal

A majority decision of the full Court requires a minimum of five votes.

Although not holding a majority of seats on the bench, the moderate justices would exercise considerable power as swing voters. Their position would tend to mitigate both extreme liberalism or excessive conservatism, as one or more of their votes would be required for a majority opinion supporting the liberal perspective. This would force the liberal justices to take a slightly more moderate position, since they would find that compromise preferable to a conservative majority opinion.

A conservative decision would require the agreement of all three moderates, or a combination of moderates and liberals. On occasion, justices who are considered liberal will vote conservatively on select issues, as Justice Stevens did in his dissent of Texas v. Johnson, (1989), a flag desecration case. However, the conservatives would have to make more concessions than the liberals in order to achieve a majority, ensuring few decisions would be truly conservative.

Most rulings would likely be center-left (moderately liberal to liberal).

It is possible the decisions would gradually become more liberal, because many US Supreme Court justices' views shift from conservative or moderate to progressive over time. Another factor would include which justice or justices are the most persuasive speakers.

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9y ago
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Liberal rulings

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11y ago

Liberal rulings (APEX)

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Q: What types of rulings are likely to be issued by a supreme court composed of four liberal judges two consecutive judges and three moderate judges?
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