U.S. Supreme Court

Supreme Court lacks quorum to deal with disbarred lawyer's cert petition

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A disbarred lawyer who named five U.S. Supreme Court justices as defendants in a cert petition caused all five to recuse themselves, resulting in dismissal of the cert petition last week for lack of a quorum.

The lawyer, Patrick Missud, had sought review of his legal dispute involving a home builder, the National Law Journal (sub. req.) reports. His cert petition named several lower court judges as defendants as well as five justices, including Chief Justice John G. Roberts Jr. (Missud called him Chief Justice “Johnny Robert$” and labeled him a traitor.)

Six Supreme Court justices are required for a quorum, the article explains. A law passed in 1948 equates lack of a quorum in the Supreme Court to a tie that has the effect of letting stand the lower court ruling.

The National Law Journal sought Missud’s reaction to the dismissal. “Theirs is an enormous cover-up of retaliation against a federal informant—namely me,” he told the publication in an email.

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