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Panel of judges in Supreme Court - Odd number?
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SUMMARY
The Supreme Court of the United States traditionally maintains an odd number of justices—typically 3, 5, or 7—to prevent tie votes in decisions. While this practice aims to ensure a definitive outcome, there have been instances of ties, particularly noted in 2016 and 2015. The U.S. Constitution does not specify the number of justices or their term lengths, allowing for potential legislative changes to these aspects. The "good behavior" clause is often cited as the basis for lifetime appointments, but this too can be altered without a constitutional amendment.
PREREQUISITES- Understanding of U.S. Supreme Court structure and functions
- Familiarity with constitutional law principles
- Knowledge of judicial appointment processes
- Awareness of historical context regarding Supreme Court decisions
- Research the history of Supreme Court justice appointments and their impacts
- Explore the implications of the "good behavior" clause on judicial tenure
- Investigate recent Supreme Court cases that resulted in tie votes
- Examine legislative proposals for changing the number of justices
Legal scholars, law students, political scientists, and anyone interested in the dynamics of the U.S. Supreme Court and its decision-making processes.
- #2
Astronuc
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That appears to be the intent. Of course, the situation may be complicated of one judge recuses themself based on a conflict; for example, in a potential 5:4 split, one of the 5 recuses themself.akerkarprashant said:
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Vanadium 50
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Did you do any research on this? Any at all?akerkarprashant said:
There was a tie as recently as 202-, and several in 2015.
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collinsmark
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akerkarprashant said:
There's nothing in the US constitution which stipulates the number of Supreme Court Justices. Nor is there anything which stipulates their length of stay.
Yes, it seems that the number of justices has been an odd number to avert ties, but it doesn't have to be that way. Legislation can change that.
The lifetime appointments are in place, presumably to avoid partisan judges/justices. But that can also be changed without requiring a constitutional amendment, since the constitution doesn't stipulate anything about that.
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collinsmark said:
People have argued that the "good behavior" clause is the basis of lifetie appointments.
In my previous message, I meant 2016.
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JT Smith
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It started out as an even number: 6. At a later time it was 10.
You could have looked that up in less than two minutes.
If there is a tie the Constitution stipulates that the Chief Justice and one of the members who voted opposite have either a pistol duel or a naked wrestling match to settle the issue.
You could have looked that up in less than two minutes.
If there is a tie the Constitution stipulates that the Chief Justice and one of the members who voted opposite have either a pistol duel or a naked wrestling match to settle the issue.
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My money is on William Howard Taft.JT Smith said:
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StevieTNZ
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Can I just say how much I absolutely LOVE Sonia Sotomayor!
