The Supreme Court requires a minimum of 6 Justices in attendance for the Court to legally hear cases. Perhaps it is time for a boycott by the Justices themselves.The result of not reaching a Quorum isn’t dismissal of the case, the case is moved onto the docket of next year’s cases to be heard. The reason this has not been used before is that it sets a dangerous precedent if used solely to delay the hearing of cases.
28 U.S.C. 1 provides:
The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum.
However – if the Court cannot meet…