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FBaggins

(28,519 posts)
9. That's no different from just adding to the court
Wed Sep 23, 2020, 11:44 PM
Sep 2020

Having them serve with a lower court doesn't take them off of SCOTUS or keep them off of SCOTUS cases, it just makes them busier.

There's no way to say "oh... you're with the 6th circuit this month so you can't vote on issue X"

Put another way. SCOTUS doesn't have "panel" decisions with a subset of the court. A justice has to recuse herself (or not be seated at the time the case was heard) to not vote on it.

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