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No. Sometimes verdicts are unanimous, but more often they are split down political and ideological lines. The Supreme Court has become increasingly polarized in the 20th and 21st Centuries, making unanimous decisions the exception, rather than the rule.

The Supreme Court requires only a simple majority vote to decide a case: If all nine justices are present, five of the nine must agree. The Court must have a quorum of six justices to hear a case.

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13y ago
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8y ago

No. Sometimes verdicts are unanimous, but more often they are split down political and ideological lines. The Supreme Court has become increasingly polarized in the 20th and 21st Centuries, making unanimous decisions the exception, rather than the rule. On the Roberts' Court, many decisions are made by a vote of 5-4, with the conservatives and progressives unable to agree on many issues. Justice Anthony Kennedy, who has a mixed voting record, is typically the swing vote.

YES, depending on the term. For the Court terms 2002-2014, Slate's Eric Posner reports that the Supreme Court handed down unanimous decisions in about half the cases they decided, while close 5-4 decisions were about 20% of the decisions. Fragmentation on the Supreme Court (close 5-4 decisions) was higher in the 1980's and before, but since about 1995 the fragmentation has been decreasing.

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13y ago

No. There are two types of votes in the US Supreme Court:

  1. When deciding whether to hear a case (grant certiorari), at least four justices must vote in favor. This is called the "rule of four."
  2. When making the final decision on the outcome of a case, the decision must be agreed upon by a simple majority of the court. If all nine justices hear the case, then five must agree to form a majority opinion.
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14y ago

Yes. The US Supreme Court has issued many unanimous verdicts during its history; however, this was more common in the past than it is today. The Roberts Court is polarized, with four ultra-conservative justices (Chief Justice Roberts and Justices Scalia, Thomas and Alito), four progressive justices (Justices Stevens, Ginsburg, Breyer, and Sotomayor), and one justice with a mixed voting record (Justice Kennedy).

As the swing vote, Justice Kennedy helps maintain balance on the Court.

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8y ago

No. Sometimes verdicts are unanimous, but more often they are split down political and ideological lines. The Supreme Court has become increasingly polarized in the 20th and 21st Centuries, making unanimous decisions the exception, rather than the rule. On the Roberts' Court, many decisions are made by a vote of 5-4, with the conservatives and progressives unable to agree on many issues. Justice Anthony Kennedy, who has a mixed voting record, is typically the swing vote.

The Supreme Court requires only a simple majority vote to decide a case: If all nine justices are present, five of the nine must agree. The Court must have a quorum of six justices to hear a case.

YES, depending on the term. For the Court terms 2002-2014, Slate's Eric Posner reports that the Supreme Court handed down unanimous decisions in about half the cases they decided, while close 5-4 decisions were about 20% of the decisions. Fragmentation on the Supreme Court (close 5-4 decisions) was higher in the 1980's and before, but since about 1995 the fragmentation has been decreasing.

YES. Over the last sixty years, unanimous decisions have been almost TWICE as common as close 5-4 decisions. In the Roberts Court (2005 - present), unanimous decisions have been delivered by the Court in about half the cases decided. Reported by Slate's Eric Posner (Professor of Law at University of Chicago), and brenbarn.net

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12y ago

Yes. The final decision in a Supreme Court case requires a simple majority (one more than half) vote of the justices who heard the case. If all nine justices hear an appeal, then at least five must agree to form a majority opinion.

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6y ago

No, only a majority.

In fact the minority will also often include their decision and the reasons for it in the final summary of the court's decision on the case after the majority decision and the reasons for it.

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14y ago

The Supreme Court of the United States is the ultimate decision making legal body in the nation and their decision is binding throughout the entire country.

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Q: Do US Supreme Court votes have to be unanimous?
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