Ruth Bader Ginsburg: Not A Fan Of An Eight-Member Court

Her remarks on an eight-member high court are the boldest from any Supreme Court justice thus far.

Justice Ruth Bader Ginsburg

Eight, as you know, is not a good number for a multimember court. When we meet at the Circuit Conference next year, I anticipate reporting on the decisions of a full bench.

— Justice Ruth Bader Ginsburg in the closing of remarks given yesterday at the annual Second Circuit Judicial Conference. In her role as an associate justice, she is assigned to oversee cases stemming from the Second Circuit.

Earlier in her speech, Justice Ginsburg noted that the eight-member Supreme Court had already deadlocked 4-4 twice this term, meaning those rulings held “no precedential value.” She went on to say that “[a]n equal division is essentially the same as a denial of review.” The full text of her remarks is available here.


Staci Zaretsky is an editor at Above the Law. Feel free to email her with any tips, questions, or comments. Follow her on Twitter or connect with her on LinkedIn.

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