Every Liberal Supreme Court Justice Sits Out Decision of a decision in Brunson Case in Rare Move
(www.newsweek.com)
Corrupt Courts U S A
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Yes, any 6.
https://www.law.cornell.edu/uscode/text/28/1#:~:text=The%20Supreme%20Court%20of%20the,whom%20shall%20constitute%20a%20quorum.
So if three opt out, they win by default? Lovely.
The Chief Justice counts as a member and he, along with the 8 associate justices equal 9. If three opt out, there is still 6 remaining members which constitutes the quorum necessary to act.