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question everything

(47,263 posts)
Thu Nov 22, 2018, 02:39 AM Nov 2018

Does the Supreme Court need a quorum?

Is this the game his lawyers are playing? Finally getting the people vs. Donald J. Trump for high crime and misdemeanor, for betraying the trust by using the presidency for personal gain, for endangering the national security.. and more

And Roberts, Gorsuch and Kavanaugh recusing themselves?

But then, of course, we have Thomas and Alito vs. the four liberals..

On second thought, I doubt that Kavanaugh will recuse himself..

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Does the Supreme Court need a quorum? (Original Post) question everything Nov 2018 OP
Yes; a quorum of six justices is needed to decide a case. The Velveteen Ocelot Nov 2018 #1
Why would Roberts, Gorsuch and Kavanaugh recuse themselves? PoliticAverse Nov 2018 #2
Rehnquist recused himself in US v. Nixon, but that was because The Velveteen Ocelot Nov 2018 #5
Yes -- 6 Justices required for a quorum. Mike Niendorff Nov 2018 #3
Well... Mike Nelson Nov 2018 #4

PoliticAverse

(26,366 posts)
2. Why would Roberts, Gorsuch and Kavanaugh recuse themselves?
Thu Nov 22, 2018, 03:23 AM
Nov 2018

Nixon appointees didn't recuse themselves in United States v. Nixon.
Clinton appointees didn't recuse themselves in Clinton v. Jones.

The Velveteen Ocelot

(115,267 posts)
5. Rehnquist recused himself in US v. Nixon, but that was because
Thu Nov 22, 2018, 04:09 AM
Nov 2018

he had previously served in Nixon's administration as an assistant attorney general.

Mike Niendorff

(3,447 posts)
3. Yes -- 6 Justices required for a quorum.
Thu Nov 22, 2018, 03:41 AM
Nov 2018


Here is the exact statute :

28 U.S. Code § 1 - Number of justices; quorum

The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum.
(June 25, 1948, ch. 646, 62 Stat. 869.)


https://www.law.cornell.edu/uscode/text/28/1

* interesting note : this does present one ultimate 'nuclear option' for the 4 remaining progressives on the Court -- if the Court indeed does completely start going off the rails, 4 Justices could simply refuse to participate in any further cases until Congress sorts it out. At this point, the Court would not have a quorum to conduct its business, and Congress would either have to amend the statute, remove the striking Justices by impeachment (and then replace them), or expand the Court so that a quorum can be had. None of which strikes me as possible given the makeup of Congress and the Executive branch for the next 2 years. Food for thought, anyway.


MDN

Mike Nelson

(9,903 posts)
4. Well...
Thu Nov 22, 2018, 03:56 AM
Nov 2018

Kavanaugh was picked because Trump thought he would not recuse himself... and Roberts thinks he's too non-partisan to recuse himself. I think the SC will seize power and make decisions... they picked George W Bush as President, remember. If they go against Trump, they will empower another Republican.

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