28 U.S.C. § 2109 — Quorum of Supreme Court justices absent
submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 214 words · no verdicts yet
If a directly appealed case cannot be decided because the Supreme Court lacks a quorum, the Chief Justice may send it to the appropriate court of appeals under the conditions stated here. For other cases that cannot be decided for the same reason, the Court must affirm the lower court’s judgment if a majority of qualified justices believe the case cannot be decided at the next term.
If a case comes to the Supreme Court by direct appeal from a district court* and cannot be heard and decided because there is no quorum of qualified justices, the Chief Justice may order the case sent to the court of appeals for the circuit that includes the district* where the case arose. That court must hear and decide the case either sitting as a full court or as a specially formed court of the three circuit judges who are most senior in commission and able to sit, as the order directs. That court’s decision is final and conclusive. If one or more of those circuit judges is disqualified or unable to serve, the court must be filled as chapter 15 of this title provides. In any other case brought to the Supreme Court for review that cannot be heard and decided because there is no quorum of qualified justices, the Court must affirm the judgment being reviewed if a majority of the qualified justices believe the case cannot be heard and decided at the next term. The affirmance has the same effect as an affirmance by an equally divided Court.
If a case brought to the Supreme Court by direct appeal from a district court* cannot be heard and determined because of the absence of a quorum of qualified justices, the Chief Justice of the United States* may order it remitted to the court of appeals for the circuit including the district* in which the case arose, to be heard and determined by that court either sitting in banc or specially constituted and composed of the three circuit judges senior in commission who are able to sit, as such order may direct. The decision of such court shall be final and conclusive. In the event of the disqualification or disability of one or more of such circuit judges, such court shall be filled as provided in chapter 15 of this title.
In any other case brought to the Supreme Court for review, which cannot be heard and determined because of the absence of a quorum of qualified justices, if a majority of the qualified justices shall be of opinion that the case cannot be heard and determined at the next ensuing term, the court shall enter its order affirming the judgment of the court from which the case was brought for review with the same effect as upon affirmance by an equally divided court.
Source credit: (June 25, 1948, ch. 646, 62 Stat. 963.)
- 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 963
A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.
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