Aren’t there only 8 justices who can vote on this? It’d be a 5-3 decision, right?
Aren’t there only 8 justices who can vote on this? It’d be a 5-3 decision, right?
Justice Breyer is still on the Court until the end of the session. The Draft Opinion distributed on Feb 10th indicates the vote was taken then or before. There were (and still are) nine justices available. Judge Jackson was approved to be appointed to succeed Justice Breyer after he retires.