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One Thing Dissenting Justices Could Do to Save Roe v. Wade

One Thing Dissenting Justices Could Do to Save Roe v. Wade | Potential Way to save Roe v. Wade; Federal law and the Supreme Court’s own rules establish the quorum of justices necessary to do business at six. Put another way, unless at least six justices agree to hear a case, the Supreme Court cannot act. As such, a denial of quorum would deprive the presumptive five-justice majority in Dobbs from adopting Justice Samuel Alito’s leaked draft majority opinion, leaving Roe intact for now. | image tagged in supreme court,politics,memes | made w/ Imgflip meme maker
179 views • 11 upvotes • Made by DFire 3 years ago in politicsTOO
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2 Comments
Slobama M
1 up, 3y
Huh. I didn't know they could still do that, having already heard oral arguments in the case.

In theory, each justice would need to state credible grounds for recusal. In practice, since nobody can contradict the Supreme Court (short of the impeachment of a Justice by Congress, which is never going to happen in this climate), any justice can recuse himself/herself from a case at any point for any reason or no reason at all.

It would be a "break glass in case of emergency" kind of maneuver, but in this case, overturning Roe v. Wade would be so shocking that it just might be what the doctor ordered.
DFire
1 up, 3y
https://www.msn.com/en-us/news/politics/the-one-thing-the-dissenting-justices-could-do-to-save-roe/ar-AAXY1ZH?li=BBnb7Kz
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Potential Way to save Roe v. Wade; Federal law and the Supreme Court’s own rules establish the quorum of justices necessary to do business at six. Put another way, unless at least six justices agree to hear a case, the Supreme Court cannot act. As such, a denial of quorum would deprive the presumptive five-justice majority in Dobbs from adopting Justice Samuel Alito’s leaked draft majority opinion, leaving Roe intact for now.