There’s nothing in the Constitution about how many justices there has to be. I would argue that if the Supreme Court can’t get quorum we need to nominate Justices until they get it.
There does appear to be some law on the books stipulating the rules around a quorum and such a law is considered valid unless struck down by said court, I suppose.
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.
Same way the court technically is not limited in headcout by the constitution, either. In that case, it’s set by congress.
There’s nothing in the Constitution about how many justices there has to be. I would argue that if the Supreme Court can’t get quorum we need to nominate Justices until they get it.
There does appear to be some law on the books stipulating the rules around a quorum and such a law is considered valid unless struck down by said court, I suppose.
https://www.law.cornell.edu/uscode/text/28/1
Same way the court technically is not limited in headcout by the constitution, either. In that case, it’s set by congress.
This statute and earlier versions were upheld by the Supreme Court. Congress may change the size of the court and set its non-original jurisdiction.