What happens if a Supreme Court justice resigns

LiberteToujours

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Fri Nov-05-04 08:05 PM
Original message

What happens if a Supreme Court justice resigns

Edited on Fri Nov-05-04 08:06 PM by LiberteToujours

And the Democrats filibuster any appointees that Bush sends up? What happens to cases in the mean time while there is no ninth judge?

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Dookus

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Fri Nov-05-04 08:06 PM
Response to Original message

1. well

there are 9 justices, not 7. The remaining members of the court hear the case.

If it's a tie, the lower decision is upheld.

There's nothing in the constitution that requires 9 justices.

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LiberteToujours

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Fri Nov-05-04 08:07 PM
Response to Reply #1

2. Oops, thanks

And thanks for the answer. :P

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wuushew

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Fri Nov-05-04 08:09 PM
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3. Aren't filibuster rules set at the beginning of the Senate session?

I guarantee Frist will act to reduce the number of votes required to overturn a filibuster ASAP.

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Salviati

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Fri Nov-05-04 08:09 PM
Response to Original message

4. They would just hear the case with 8 judges...

Edited on Fri Nov-05-04 08:09 PM by Siflnolly

if it's a tie, the lower court ruling stands. There have not always been 9 judges on the supreme court, it originally started with only six.

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BoX o BooX

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Fri Nov-05-04 08:14 PM
Response to Original message

5. The President can make a recess appointment.

Edited on Fri Nov-05-04 08:15 PM by BoX o BooX

When the Senate is NOT in session, Article II of the U.S. Constitution empowers the President to make recess appointments for all vacant positions that he normally has the power to fill with the advice and consent of the Senate. Those whom the President appoints may serve until the end of that Congress' next session.

Twelve Supreme Court justices, including one Chief Justice, have been so appointed; all were later confirmed by the Senate.

Edited to change "will" to "with."

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DarthDem

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Fri Nov-05-04 08:21 PM
Response to Original message

6. Two Additional Points

In ties, it's not just that the lower court decision stands; the Supreme Court's decision also has no precedential value. In other words, the Supreme Court is essentially impotent if tied. I like the idea.

Second, the filibuster rules will never be changed. You have to beat a filibuster there, too, and then 67 votes are required for a rules change. The "nuclear option" of changing the rules by fiat by the majority is far, far too risky even for the Thugs.

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