r 4 or 5 votes needed to grant certiorari in this case. here it says 4, but as a practical matter(i don't agree with the reasoning)5.
The announcement was an ominous sign for
the Democrats. The high court has almost
complete discretion on what cases it
considers, and four of the nine justices must
agree to grant a petition for review.
Several legal scholars said the justices
would not have taken the case, George W. Bush
vs. Palm Beach Canvassing Board, 00-836, if
the initial briefs had not caused a majority
to lean in Bush's favor--although all
cautioned that the justices often change their
view of a case after studying additional
briefs and arguments.
"They wouldn't have granted review unless
they were going to reverse" the Florida
Supreme Court's ruling, said UC Berkeley law
professor John C. Yoo, who served as a law
clerk to Supreme Court Justice Clarence
Thomas.
A Fifth Vote Is Likely There
Although only four justices need to agree
to have a case considered, "usually, in a case
like this, four justices wouldn't" vote to
take a case "unless they thought they had a
fifth vote," Yoo said.
"Think of if from the point of the four:
You would bring the U.S. Supreme Court into a
highly contentious battle, and you would lose
5-4 and damage the prestige of the court," he
added. |
