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Continuity of the Supreme Court

In the aftermath of a catastrophic attack on Congress or the White House, there would be numerous constitutional questions that the Supreme Court would have to resolve on an expedited basis. Given the Court's proximity to the Capitol, however, it could also face dangers. How do we ensure a functioning Court in the aftermath of an attack?

The Supreme Court has a quorum requirement of six as defined by statute. A partially disabled Court might not meet that minimum requirement. There is also the issue of appeals from lower courts which might not be heard for a significant time if a court were disabled. Charles Lane of The Washington Post evaluated these possibilities in an April 12, 2002 piece.








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