Hoyt v. Florida, 368 US 57 (1961)
No, but...
In Hoyt v. Florida, Gwendolyn Hoyt was convicted of second degree murder in the death of her husband. On appeal, Hoyt claimed that the all-male jury was not representative of the community, and that Florida's venire (jury pool) statute systematically discriminated against women.
At the time, eighteen states, including Florida, had statutes or constitutional provisions either excluding women from jury duty, or requiring them to actively register. Men were automatically registered. The rationale, at the time, was that women needed to be protected from the vulgarity and obscenity of a trial.
The Supreme Court, under Chief Justice Earl Warren, unanimously upheld Florida's rule, holding that an "impartially selected jury" did not create an entitlement to a hand-selected jury with a particular gender mix. Further, the practice was not unconstitutional because Florida court records indicated they had not arbitrarily excluded women.
Taylor v. Louisiana, 419 US 522 (1975)
A similar case arose fourteen years later under the Burger Court. In Taylor, the defendant had been convicted of aggravated kidnapping by an all-male jury. On appeal, Taylor claimed 53% of the sampling area was female, but due to Louisiana's discriminatory practices, none of the 175 people in the jury pool for his trial had been female. Taylor asserted a right to be judged by a jury representative of the community.
In a 7-1 vote, the Burger Court agreed that the exclusionary practice was unconstitutional, and formally incorporated the Sixth Amendment, via the Fourteenth Amendment Due Process Clause, and applied it to the states. (Justice Rehnquist dissented)
The decision in Taylor v. Louisiana, (1975) overturned the precedent set in Hoyt v. Florida,(1961).
dissenting
The US Supreme Court determines whether to hear a case according to the Rule of Four. If at least four of the nine Justices of the Supreme Court agree, they will grant certiorari and hear the case.
the court will accept a case if for of the nine Justices agree to do so
US Supreme Court cases are initiated when a minimum of four justices agree to grant a petition for writ of certiorari.
Judicial Review
dissenting
The US Supreme Court determines whether to hear a case according to the Rule of Four. If at least four of the nine Justices of the Supreme Court agree, they will grant certiorari and hear the case.
No, i don't.
the court will accept a case if for of the nine Justices agree to do so
the court will accept a case if for of the nine Justices agree to do so
The justices of the US Supreme Court vote on each case that is brought before them. The decision of the court is whatever a majority of the justices agree on. Each justice has an equal say in the decision.
The US Supreme Court determines whether to hear a case according to the Rule of Four. If at least four of the nine Justices of the Supreme Court agree, they will grant certiorari and hear the case.
US Supreme Court cases are initiated when a minimum of four justices agree to grant a petition for writ of certiorari.
For a majority ruling on the Supreme Court, a minimum of five out of the nine justices must agree. This is because a majority decision requires more than half of the justices to support a particular outcome or opinion. It is necessary to have a majority in order to establish a binding decision for the Court.
Just because the state doesn't agree, if the US Supreme Court renders a decision in your favor the state must comply! There is no higher court than the US Supreme Court - the state cannot file an appeal.
There are currently 9 Supreme Court Justices, so for there to be a majority ruling, 5 would have to rule a certain way.
Currently, there are nine Supreme Court justices on the United States Supreme Court. The number of justices is set by Congress and has varied from five to 10. There have been nine justices since 1869. In 1937, Franklin Roosevelt attempted to add six more justices to the Supreme Court. He felt the court was obstructing much of his New Deal policies and adding more members who would agree with his views would help. This was termed the "Court Packing Plan." However, Congress did not agree and so the number remains at nine.