Supreme Court Headed for Another 5-4 Decision? (2024)

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By Taegan Goddard Leave a Comment

First Read looks at the “distinct possibility” that the individual health insurance mandate — and perhaps the entire health-care law — could be decided by another controversial 5-4 Supreme Court decision.

“Such an outcome, especially after other 5-4 decisions like Bush vs. Gore and Citizens United, would have two potential consequences. One, it would feed the perception that the U.S. Supreme Court is as partisan as Congress and increasing parts of the media; in other words, these nine justices (either trained at liberal law schools or members of the conservative Federalist Society) are essentially political actors wearing black robes.”

“And two and most importantly, a 5-4 decision would satisfy no one. If the court strikes down the mandate and the health-care law by that narrow margin, liberals and Democrats would blame it on the conservative justices. If the mandate and law are upheld by a 5-4 decision, conservatives would point their fingers at the liberals and the unpredictable “mushy” swing justice, Anthony Kennedy. That’s the problem with a split decision: The losers would feel like they lost on a political technicality, not because there was a legal consensus.”

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Supreme Court Headed for Another 5-4 Decision? (2024)

FAQs

What is the rule of four in the Supreme Court responses? ›

On the face of it, the Supreme Court's “Rule of Four” is straightforward. Where the justices have discretion as to whether to hear an appeal, at least four of the Court's members must vote to grant a writ of certiorari, which facilitates a full review on the merits.

How many Supreme Court justices are needed to make a decision? ›

A quorum of six Justices is required to decide a case. Justices may also participate in a case by listening to audio recordings of the oral arguments and reading the transcripts.

Which landmark Supreme Court case is the most closely related to the Fifth Amendment? ›

The most important, and controversial, decision applying the Fifth Amendment Privilege outside the criminal trial is Miranda v.

Can the Supreme Court choose any case they wish describe the rule of four? ›

The “rule of four” is the Supreme Court's practice of granting a petition for review only if there are at least four votes to do so. The rule is an unwritten internal one; it is not dictated by any law or the Constitution.

What is the rule of 5 in the Supreme Court? ›

A five-justice majority on the Court, the strong Rule of Five asserts, can do anything, at least in deciding constitutional law cases: in such cases, the conventions of American political life do not recognize any formal power to overrule a decision short of the adoption of a constitutional amendment.

What is the rule 22 of the Supreme Court? ›

When the Circuit Justice is unavailable for any reason, the application addressed to that Justice will be distributed to the Justice then available who is next junior to the Circuit Justice; the turn of the Chief Justice follows that of the most junior Justice.

Which president has appointed the most Supreme Court justices? ›

George Washington holds the record for most Supreme Court nominations, with 14 nominations (12 of which were confirmed).

How many votes does it take to impeach a Supreme Court Justice? ›

A conviction requires a two-thirds vote in the Senate. The individual may or may not then stand trial in a criminal court as well, before a jury of his peers.

Which is the most powerful Supreme Court in the world? ›

Summary. The Indian Supreme Court has been called “the most powerful court in the world” for its wide jurisdiction, its expansive understanding of its own powers, and the billion plus people under its authority.

What Amendment is the right not to testify against oneself? ›

The Fifth Amendment also protects criminal defendants from having to testify if they may incriminate themselves through the testimony. A witness may "plead the Fifth" and not answer if the witness believes answering the question may be self-incriminatory.

Can the government take private property from an individual? ›

Eminent domain refers to the power of the government to take private property and convert it into public use, referred to as a taking. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.

What does "I plead the 8th" mean? ›

Learn more about our history and our editorial standards. Learn more about our editorial standards. The Eighth Amendment to the United States Constitution prohibits the infliction of "cruel and unusual punishments." Virtually every state constitution also has its own prohibition against such penalties.

What happens to a case when there is a 4 4 split among the Supreme Court Justices? ›

So, what happens when justices deadlock at 4-4? Nothing, really. The rulings issued by the lower federal courts or state supreme courts simply remain in effect as if the Supreme Court had not even heard the case. This does not mean, however, that the rulings of the lower courts have any precedential value.

What is the rule of 4 in the Supreme Court? ›

The rule of four is a US Supreme Court practice that permits four of the nine justices to grant a writ of certiorari. It has the specific purpose to prevent a majority of the Court's members from controlling their docket.

What are the 4 rules of law? ›

The rule of law is a durable system of laws, institutions, norms, and community commitment that delivers four universal principles: accountability, just law, open government, and accessible and impartial justice.

What are the rule of 4 Supreme Court quizlet? ›

The Rule of Four means: Four justices must vote to review a case for it to be accepted for review by the Court.

What is the purpose of the rule four? ›

The rule of four is a US Supreme Court practice that permits four of the nine justices to grant a writ of certiorari. It has the specific purpose to prevent a majority of the Court's members from controlling their docket.

What does the rule of 4 indicate that the Supreme Court only needs 4 justices to agree to? ›

According to the Supreme Court's rules, four of the nine Justices must vote to accept a case. The Court accepts 100-150 of the more than 7,000 cases that it is asked to review each year. If the Justices decide to accept a case (grant certiorari or grant cert), the case is scheduled on the docket.

What is the rule of 4 4 of 9 justices agree to hear the case? ›

According to these rules, four of the nine Justices must vote to accept a case. Five of the nine Justices must vote in order to grant a stay, e.g., a stay of execution in a death penalty case. Under certain instances, one Justice may grant a stay pending review by the entire Court.

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