28 USC 1 : Round 2 -- Quorum Requirement

[Mike Niendorff]

Fun fact: the same statute that sets the number of Justices on the Court at nine (28 USC 1) *also* requires 6 Justices for a quorum to conduct the business of the Court.

4 Justices refusing to participate would therefore block any Supreme Court action on Trump's election challenges, even if he appoints another Kavanaugh.

Never thought I'd see the day when this would matter, but here we are.


MDN

[regnaD kciN]

1. You'd need Roberts to join us, then...

...because, with him, they’ve got that quorum with just Republican appointees.

[Renew Deal]

2. Never happening

Even if it could, it wouldn’t.

[BainsBane]

3. I don't think so

Confirmation is the business of the Senate, not the court. The law refers to proceedings before the court.

[Mike Niendorff]

4. You're misreading me here.

I'm not suggesting this "break glass" option to prevent a confirmation (because it has nothing to do with it).

I'm saying Trump is planning to seek another "Bush v Gore".

This is how 4 votes can prevent that.

Again, it's a "break glass" scenario, but it is possible.


MDN

[BainsBane]

5. I see

I guess I don’t see the point of inventing crises to be averted. We have plenty enough as is.

People should try to vote early so that the winner doesn’t hinge on an extended count.