Quote:
Originally posted by Greedy,Greedy,Greedy
Is the requirement five votes or is it a majority of votes cast? In other words, if two justices recused themselves, would four out of seven be needed or five out of seven?
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Majority, not 5. Quorum is 6. To grant cert. requires 4 votes regardless of recusals.
But question the precedential value of a 7-justice decision (would you be comfortable standing on the basis of case decided by 7, if Thomas and Scalia had been recused?)
