“The argument in favor of a consensus (also called supermajority) requirement is straightforward: Certain decisions involve matters of sufficient gravity that they demand a higher bar be cleared before they are made.”
“The point is that whoever’s ox is gored, it is good for the balance of powers if the Court feels more pressure to come to consensus when striking down the acts of another branch.”
#scotus #supermajority #court #justice #civilrights
https://www.brennancenter.org/our-work/analysis-opinion/why-5-4




