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In blocking Garland, they have prevented President Obama from appointing a third Justice to the Court.
A third justice, Brent D. Benjamin, who was elected to the court with the help of more than $3 million from Mr. Blankenship, refused to recuse himself.
While Democrats instantly saw an opportunity for Mr Obama to put a third justice on the court before he leaves office next January – and thus ensure it has a complexion more to his liberal liking for years to come – Republicans rose up as one to describe Mr Obama as a lame-duck President who should desist from doing any such thing.
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A court-ordered consent decree temporarily added an eighth justice from a new black district.
Faced with a possible 4-4 duedlock due to the vacancy left by the death of Justice Antonin Scalia, the court may opt to delay a decision until a ninth justice can be confirmed, something that may not occur until next year.
Tribe has become, in effect, a tenth Justice.
A fifth justice issued a mixed opinion, and two dissented.
To restore some balance to gun laws in America might require a fifth Justice who, like Justice Stevens, can read and reason.
That calculation will change, of course, if a second justice, also chose to leave the court, creating a different situation.
Because a fifth Justice retired last year, Governor Shaheen may have the chance to name an entirely new court.
"Just forget the harmonica for a second," Justice Breyer said during an oral argument before the Supreme Court earlier this week.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com