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U.S. Code as of:
01/19/04
Section 2109. Quorum of Supreme Court justices absent
If a case brought to the Supreme Court by direct appeal from a
district court cannot be heard and determined because of the
absence of a quorum of qualified justices, the Chief Justice of the
United States may order it remitted to the court of appeals for the
circuit including the district in which the case arose, to be heard
and determined by that court either sitting in banc or specially
constituted and composed of the three circuit judges senior in
commission who are able to sit, as such order may direct. The
decision of such court shall be final and conclusive. In the event
of the disqualification or disability of one or more of such
circuit judges, such court shall be filled as provided in chapter
15 of this title.
In any other case brought to the Supreme Court for review, which
cannot be heard and determined because of the absence of a quorum
of qualified justices, if a majority of the qualified justices
shall be of opinion that the case cannot be heard and determined at
the next ensuing term, the court shall enter its order affirming
the judgment of the court from which the case was brought for
review with the same effect as upon affirmance by an equally
divided court.
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