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How many justices need to agree with each other to issue a majority decision?
Wiki User
∙ 12y ago
Answer
If all nine justices hear a case, a simple majority of five must agree on a decision.
Explanation
A decision requires a simple majority of the Justices hearing the case (sometimes fewer than nine justices are available). In the typical instance that all nine Supreme Court justices provide an opinion, a majority must consist of at least five votes; if eight justices are present, a decision still requires five votes; if six or seven justices are present, a decision requires at least four votes.
The Court requires a quorum of at least six to hear a case or conduct a vote. On the current Court, votes are often split by ideology. Many decisions are resolved as 5-4 votes because four of the Court members are conservative and four are progressive. Justice Anthony M. Kennedy, who could be regarded as being center-right, is often the swing voter determining which side is in the majority.
Those jurists who disagree with the majority are permitted - but not required - to write dissenting opinions which also form part of the record, and may be cited in future litigation.
In the event of tie votes by the Supreme Court, the lower court's ruling in the case being considered is upheld without comment. In other words, the Supreme Court issues no permanent decision on the laws involved in the case. Optionally, the Court may choose to hear reargument on the case, with the addition of the justice or justices who weren't present during the original oral arguments.
Wiki User
∙ 14y ago
Wiki User
∙ 13y agoThe US Supreme Court uses the rule of four to determine which cases are heard; any four justices may vote for a petition in order to grant certiorari.
Individuals, litigants or petitioners who seek review by the Supreme Court submit a petition for a writ of certiorari, and if granted, the case comes before the them for disposition. Such was the Florida case of Gideon v. Wainwright.
Wiki User
∙ 14y agoAnswer
If all nine justices hear a case, a simple majority of five must agree on a decision.
Explanation
A decision requires a simple majority of the Justices hearing the case (sometimes fewer than nine justices are available). In the typical instance that all nine Supreme Court justices provide an opinion, a majority must consist of at least five votes; if eight justices are present, a decision still requires five votes; if six or seven justices are present, a decision requires at least four votes.
The Court requires a quorum of at least six to hear a case or conduct a vote. On the current Court, votes are often split by ideology. Many decisions are resolved as 5-4 votes because four of the Court members are conservative and four are progressive. Justice Anthony M. Kennedy, who could be regarded as being center-right, is often the swing voter determining which side is in the majority.
Those jurists who disagree with the majority are permitted - but not required - to write dissenting opinions which also form part of the record, and may be cited in future litigation.
In the event of tie votes by the Supreme Court, the lower court's ruling in the case being considered is upheld without comment. In other words, the Supreme Court issues no permanent decision on the laws involved in the case. Optionally, the Court may choose to hear reargument on the case, with the addition of the justice or justices who weren't present during the original oral arguments.
For more information, see Related Questions, below.
Wiki User
∙ 13y agoHa! Trick question. The homework answer is 5/9ths.
The reality is, the Supreme Court requires a simple majority for a decision. If all nine justices hear a case, the fraction would be 5/9ths. But if only eight justices hear a case, as has happened many times in US history, the fraction would be 5/8ths. Worse yet, the Court only requires a quorum of six justices to decide a case. A simple majority of six is four or 4/6 (2/3rds).
Wiki User
∙ 12y agoThere has to five agree to the vote.
Wiki User
∙ 11y ago6
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What is the 'opinion of the Court'?
The Court's Opinion is synonymous with the Court's decision, and usually refers to the majority opinion. The "Opinion of the Court" gives the verdict and explains the reasoning behind the decision reached. The privilege of writing the official opinion falls to the most senior justice in the majority group, or to the Chief Justice if he (or she) voted with the majority; this person may choose to write the opinion, or may assign the task to another member of the majority. If the justices who voted against the majority wish to issue a unified opinion, they simply decide amongst themselves who will write it. Individual justices may write their own opinions, regardless of whether they agree with the majority. Justices may also "join" or sign any other written opinion they agree with, even if they agree with more than one point-of-view. This generally strengthens the opinion.
A simple majority of the justices is enough to render a Court opinion?
Yes, a simple majority of the justices is enough to render a Court opinion. In the U.S. Supreme Court, for example, there are nine justices, and a majority vote of at least five justices is required to decide a case and issue a written opinion.
Who usually writes US Supreme Court opinions?
The "opinion of the Court" is synonymous with the Court's decision. The Opinion gives the verdict and explains the reasoning behind the decision reached. The privilege of writing the official opinion falls to the most senior justice in the majority group, or to the Chief Justice if he (or she) voted with the majority. This person may choose to write the opinion, or may assign the task to another member of the majority.If the justices who voted against the majority wish to issue a unified dissenting opinion, they decide amongst themselves who will author the opinion, then the others, if in agreement, will "join" the opinion.Individual justices may write their own opinions, regardless of whether they agree with the majority. Justices may also "join" or sign any other written opinion they agree with. This generally strengthens the opinion.All published opinions except for Per Curiam decisions may be used as precedent in future litigation.
Which key player on the US Supreme Court either writes or assigns the majority opinion?
The Chief Justice if he (or she) voted with the majority; otherwise, the senior justice in the majority group assigns the task or writes the opinion him- or herself.More InformationThe "opinion of the Court" is synonymous with the Court's decision. The Opinion gives the verdict and explains the reasoning behind the decision reached. The privilege of writing the official opinion falls to the most senior justice in the majority group, or to the Chief Justice if he voted with the majority. This person may choose to write the opinion, or may assign the task to another member of the majority.If the justices who voted against the majority wish to issue a unified dissenting opinion, they decide amongst themselves who will author the opinion, then the others, if in agreement, will "join" the opinion.Individual justices may write their own opinions, regardless of whether they agree with the majority. Justices may also "join" or sign any other written opinion they agree with. This generally strengthens the opinion.All published opinions except for Per Curiam decisions may be used as precedent in future litigation.
How does the Courts make decisions?
The Supreme Court justices vote to determine the outcome of a case. The decision is made when a simple majority (for example, five of the nine justices) agree on a judgment.ExplanationMost US Supreme Court cases are heard under the Court's appellate jurisdiction, whereby the issue was initially tried by the lower courts, has exhausted all avenues of appeal below the Supreme Court, and the losing party has petitioned the Supreme Court for a Writ of Certiorari. A petition for a Writ of Certiorari is a formal request that the Court review the final lower court appeal to determine whether questions of constitutional and federal law were interpreted and adjudicated correctly.The Supreme Court does not conduct a trial under these circumstances, but reads the case history and lower court opinions, then listens to oral arguments on behalf of the Petitioner and Respondent (similar to a Plaintiff and Defendant) before determining whether the lower court decision was correct (affirmed) or incorrect (reversed). Because this level of appeal requires expert knowledge of constitutional precepts and laws, the nine Justices, alone, vote on the final decision.Supreme Court cases are discussed in Conference three days after both the Petitioner and Respondent make oral arguments, and are then voted on by the full Court. The Chief Justice's vote carries no more weight than the Associate Justices' votes.The Court's official decision is made by a simple majority vote of the justices involved in the case. Most often, a majority opinion is one where five or more of the nine Justices agree. If the vote is not unanimous, those in the minority may issue dissenting opinion(s); similarly, Justices who agree with the majority may issue concurring opinions if they wish to add points not covered in the official majority opinion.For more information, see Related Questions, below.
How does the Supreme Court make decisions?
The Supreme Court justices vote to determine the outcome of a case. The decision is made when a simple majority (for example, five of the nine justices) agree on a judgment.ExplanationMost US Supreme Court cases are heard under the Court's appellate jurisdiction, whereby the issue was initially tried by the lower courts, has exhausted all avenues of appeal below the Supreme Court, and the losing party has petitioned the Supreme Court for a Writ of Certiorari. A petition for a Writ of Certiorari is a formal request that the Court review the final lower court appeal to determine whether questions of constitutional and federal law were interpreted and adjudicated correctly.The Supreme Court does not conduct a trial under these circumstances, but reads the case history and lower court opinions, then listens to oral arguments on behalf of the Petitioner and Respondent (similar to a Plaintiff and Defendant) before determining whether the lower court decision was correct (affirmed) or incorrect (reversed). Because this level of appeal requires expert knowledge of constitutional precepts and laws, the nine Justices, alone, vote on the final decision.Supreme Court cases are discussed in Conference three days after both the Petitioner and Respondent make oral arguments, and are then voted on by the full Court. The Chief Justice's vote carries no more weight than the Associate Justices' votes.The Court's official decision is made by a simple majority vote of the justices involved in the case. Most often, a majority opinion is one where five or more of the nine Justices agree. If the vote is not unanimous, those in the minority may issue dissenting opinion(s); similarly, Justices who agree with the majority may issue concurring opinions if they wish to add points not covered in the official majority opinion.For more information, see Related Questions, below.
Who decides which justice writes the dissenting opinion in a Supreme Court case?
If the justices who voted against the majority wish to issue a unified dissenting opinion, they decide amongst themselves who will author the opinion, then the others, if in agreement, will "join" the opinion. Individual justices may write their own (concurring or dissenting) opinions, regardless of whether they agree with the majority. Justices may also "join" or sign any other written opinion they agree with. This generally strengthens the opinion.
How are US Supreme Court written opinions assigned?
The "opinion of the Court" is synonymous with the Court's decision. The Opinion gives the verdict and explains the reasoning behind the decision reached. The privilege of writing the official opinion falls to the most senior justice in the majority group, or to the Chief Justice if he voted with the majority; this person may choose to write the opinion, or may assign the task to another member of the majority.If the justices who voted against the majority wish to issue a unified dissenting opinion, they decide amongst themselves who will author the opinion, then the others, if in agreement, will "join" the opinion.Individual justices may write their own opinions, regardless of whether they agree with the majority. Justices may also "join" or sign any other written opinion they agree with. This generally strengthens the opinion.All published opinions except for Per Curiam decisions may be used as precedent in future litigation.For more information about Supreme Court opinions, see Related Links, below.
How does the Supreme Court decide the cases it hears?
The Supreme Court justices vote to determine the outcome of a case. The decision is made when a simple majority (for example, five of the nine justices) agree on a judgment.ExplanationMost US Supreme Court cases are heard under the Court's appellate jurisdiction, whereby the issue was initially tried by the lower courts, has exhausted all avenues of appeal below the Supreme Court, and the losing party has petitioned the Supreme Court for a Writ of Certiorari. A petition for a Writ of Certiorari is a formal request that the Court review the final lower court appeal to determine whether questions of constitutional and federal law were interpreted and adjudicated correctly.The Supreme Court does not conduct a trial under these circumstances, but reads the case history and lower court opinions, then listens to oral arguments on behalf of the Petitioner and Respondent (similar to a Plaintiff and Defendant) before determining whether the lower court decision was correct (affirmed) or incorrect (reversed). Because this level of appeal requires expert knowledge of constitutional precepts and laws, the nine Justices, alone, vote on the final decision.Supreme Court cases are discussed in Conference three days after both the Petitioner and Respondent make oral arguments, and are then voted on by the full Court. The Chief Justice's vote carries no more weight than the Associate Justices' votes.The Court's official decision is made by a simple majority vote of the justices involved in the case. Most often, a majority opinion is one where five or more of the nine Justices agree. If the vote is not unanimous, those in the minority may issue dissenting opinion(s); similarly, Justices who agree with the majority may issue concurring opinions if they wish to add points not covered in the official majority opinion.For more information, see Related Questions, below.
What cases which will compel the manager to refer an issue upward?
a leader wants the decision to be accepted by majority
What types of opinions does the supreme court issue?
Written OpinionsThe four most common opinions:MajorityConcurringDissentingPer CuriamThe Court's Opinion (usually also the majority opinion) is synonymous with the Court's decision. The "Opinion of the Court" gives the verdict and explains the reasoning behind the decision reached. The privilege of writing the official opinion falls to the most senior justice in the majority group, or to the Chief Justice if he voted with the majority; this person may choose to write the opinion, or may assign the task to another member of the majority. If the justices who voted against the majority wish to issue a unified opinion, they simply decide amongst themselves who will write it.Individual justices may write their own opinions, usually concurring or dissenting, regardless of whether they agree with the majority. Justices may also "join" or sign any other written opinion they agree with, even if they agree with more than one point-of-view. This generally strengthens the opinion.All published opinions except Per Curiam decisions may be used as precedent in future litigation.Opinion of the Court - The official opinion, whether unanimous or by majority voteMajority opinion - Also called the "Opinion of the Court," this is the official verdict in the case that represents the vote of the majority of justicesPlurality opinion - A concurring opinion joined by more justices than the official Court opinionDissenting opinion - An opinion written by a justice who disagrees with the majorityDissenting in part - An opinion written by a justice who voted with the majority on the decision, but disagrees with a portion of the reasoning in the majority opinion, which he or she explains in writingUnanimous opinion - An opinion authored by one justice, often (but not always) the Chief Justice, and signed by all justicesConcurring opinion - An opinion that agrees with the decision but may disagree with the some of the reasoning behind the Court opinion, or may elaborate on a point made or introduce further relevant informationConcurring in part - Typically an opinion written by a justice who voted against the majority, but agrees with a portion of the majority opinion, which he or she explains in writingConcurring in judgment - An opinion written by a justice who agrees with the decision, but not with the reasoning used to reach the decisionConcurring in part and dissenting in part - An opinion written by a justice who may have voted either way, but wants to explain which points are in agreement and which are in disagreement.Per Curiam opinion: The opinion is given by the full court, unsigned by the JusticesSeriatim opinion: Each justice on the Court writes his or her own, separate opinion; there is no majority opinion, only a majority verdict. This type of opinion was more common in the 18th, and parts of the 19th, centuriesThe most important type is the majority opinion. The majority opinion is, as the name suggests, the opinion of the majority of judges hearing the case. In most cases, a majority opinion requires five Justices, unless one or more Justices have recused themselves from a given decision. The majority opinion is important because it defines the precedent that all future courts hearing a similar case should follow.Majority opinions are sometimes accompanied by concurring opinions. Concurring opinions are written by individual Justices in the majority. These opinions agree with the majority opinion, but may stress a different point of law. Sometimes, concurring opinions will agree with the result reached by the majority, but for a different reason altogether.Opinions written by justices not in the majority are known as dissenting opinions. Dissenting opinions are important because they provide insight into how the Court reached its decision.Sometimes the court issues so many separate opinions that whichever opinion is joined by the most justices is referred to as a plurality, rather than a majority. One recent example of a decision holding a plurality opinion is that of Baez et al., v. Rees (2008), where Chief Justice Roberts and Justices Kennedy and Alito signed one opinion, and Justice Stevens wrote a separate concurring opinion, as did Justices Scalia, Breyer, and Thomas (Scalia also joined Thomas' concurrence). Justice Ginsberg wrote a dissenting opinion in which Justice Souter joined.There are also a number of cases where members of the majority each wrote a concurring opinion, without creating a unified majority or plurality opinion, as well as cases where the court decision was released without the signature of any justice, in an anonymous fashion. This latter form is known as a per curiam decision. Bush v. Gore (2000) is a recent example. Cases decided per curiam do not create a precedent that can be cited in future litigation.Plurality and per curiam decisions tend to create confusion as to how a federal or constitutional law is to be interpreted.
Who assigns writing opinions to the justices?
The "opinion of the Court" is synonymous with the Court's decision. The Opinion gives the verdict and explains the reasoning behind the decision reached.The privilege of writing the official opinion falls to the most senior justice in the majority group, or to the Chief Justice if he voted with the majority; this person may choose to write the opinion, or may assign the task to another member of the majority.If the justices who voted against the majority wish to issue a unified dissenting opinion, they decide amongst themselves who will author the opinion, then the others, if in agreement, will "join" the opinion.Individual justices may write their own opinions, regardless of whether they agree with the majority. Justices may also "join" or sign any other written opinion they agree with. This generally strengthens the verdict.All published opinions except for Per Curiam decisions may be used as precedent in future litigation.For more information about Supreme Court opinions, see Related Links, below.
