The Retirement of Justice O'Connor: Quorum Requirements, Rehearings and Vote Counts in the Supreme Court

Summary

Justice Sandra Day O’Connor’s announcement that she will retire from the

Supreme Court of the

United States effective upon the confirmation of her successor has raised questions regarding the

conditions under which her vote may or may not be counted in certain cases. This report provides

an overview of quorum requirements, rehearing procedures and vote count practices in the Supreme

Court, with a focus on their application in relation to Justice O’Connor’s pending

retirement.