Does SCOTUS have a quorum?

[paineinthearse]

Assume nominees for the two vancancies are held up by a lengthy confirmation process and/or fillibuster.

The term starts soon.

Can the court operate down two justices?

Who acts as chief justice?

[eallen]

1. No quorum. Don't know who acts as chief justice....

Maybe they draw straws.

[eallen]

2. BTW, 7 likely works as well as 9, so I say: delay, delay, delay.

[Somawas]

3. There aren't two vacancies

O'Connor continues in her seat until her successor is appointed and qualified.

[paineinthearse]

4. Thanks for the correction

I was under the impression she had resigned effective with the new term.

[napi21]

5. Justice Paul Stevens is acting CJ.

http://en.wikipedia.org/wiki/Chief_Justice_of_the_United_States

O'Connor tendered her resignation effective when her replacement is made.

[tedoll78]

6. The court can operate with one justice.

There's no mandated minimum.

[MissMarple]

7. Or maximum.

:)

[carpetbagger]

8. Six is a quorum, Stevens is acting chief.

USC 28.1.1.1 "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."

USC 28.1.1.3 "Whenever the Chief Justice is unable to perform the duties of his office or the office is vacant, his powers and duties shall devolve upon the associate justice next in precedence who is able to act, until such disability is removed or another Chief Justice is appointed and duly qualified."