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What is the closest possible decision if all justices are present?
AnswerIf all nine justices hear a case, a simple majority of five must agree on a decision.ExplanationA decision requires a simple majority of the Justices hearing the case (sometimes fewer than nine justices are available). In the typical instance that all nine Supreme Court justices provide an opinion, a majority must consist of at least five votes; if eight justices are present, a decision still requires five votes; if six or seven justices are present, a decision requires at least four votes.
How many votes are needed to accept a case in the US Supreme Court?
It requires the vote of at least four of the nine US Supreme Court justices to grant a petition for writ of certiorari. If four Justices agree, the Supreme Court will accept the case. This is referred to as the "Rule of Four."
Must the Chief Justice of the United States be a member of the majority decision of the Court in order for it to be valid?
The Chief Justice's decision on a case carries the same weight as the other justices. And yes, it must be a majority opinion for the ruling to stand, but the Chief Justice does not have to agree.
What kind of US Supreme Court decision indicates more members of the majority signed a concurring opinion than the official opinion of the Court?
If more justices agree with a concurring opinion than with the opinion of the Court, the decision is called a plurality.
Why does the Supreme Court require a simple majority for a decision rather than five votes?
If all nine justices hear a case, five must agree on a decision because five votes represents a simple majority of the full court.A decision requires a simple majority of the Justices hearing the case; sometimes fewer than nine justices are available. In the typical instance that all nine Supreme Court justices provide an opinion, a majority must consist of at least five votes; if eight justices are present, a decision still requires five votes; if six or seven justices are present, a decision requires at least four votes. The Court requires a quorum (the minimum number to conduct official business) of at least six justices to hear a case or conduct a vote.On the current Court, votes are often split by ideology. Many decisions are resolved as 5-4 votes because four of the Court members are conservative and four are progressive. Justice Anthony M. Kennedy, who could be regarded as being center-right, is often the swing voter determining which side is in the majority.Those jurists who disagree with the majority are permitted -- but not required -- to write dissenting opinions which also form part of the record, and may be cited in future litigation.In the event of tie votes by the Supreme Court, the lower court's ruling in the case being considered is upheld without comment. In other words, the Supreme Court issues no permanent decision on the laws involved in the case. Optionally, the Court may choose to hear reargument on the case, with the addition of the justice or justices who weren't present during the original oral arguments.For more information, see Related Questions, below.
