<P> Customarily, justices who were not seated at the time oral arguments were heard by the Supreme Court do not participate in the formulation of an opinion . Likewise, a justice leaving the Court prior to the handing down of an opinion does not take part in the Court's opinion . Should the composition of the Court materially affect the outcome of a pending case, the justices will likely elect to reschedule the case for rehearing . </P> <P> If not all of the nine justices vote on a case, or the Court has a vacancy, then a tied vote is possible . If this occurs, then the decision of the court below is affirmed, but the case is not considered to be binding precedent . The effect is a return to the status quo ante . No opinions (or voting alignments) are issued in such a case, only the one - sentence announcement that "(t) he judgment is affirmed by an equally divided Court ." Omega S.A. v. Costco Wholesale Corp. is an example of such a case . The court tries to avoid such rulings when possible: After the retirement of Justice O'Connor in 2006 three cases would have ended with a tie . All cases were reargued to allow the newly appointed Samuel Alito to cast a decisive vote . </P> <P> A quorum of justices to hear and decide a case is six . If, through recusals or vacancies, fewer than six justices can participate in a case, and a majority of qualified justices determines that the case cannot be heard in the next term, then the decision of the court below is affirmed as if the Court had been equally divided on the case . An exception exists when this situation arises in one of the now - rare cases brought directly to the Supreme Court on appeal from a United States District Court; in this situation, the case is referred to the U.S. Court of Appeals for the corresponding circuit for a final decision there by either the Court of Appeals sitting en banc, or a panel consisting of the three most senior active circuit judges . </P> <P> Throughout the term, but mostly during the last months of the term--May, June, and, if necessary, July--the Court announces its opinions . The decision of the Court is subsequently published, first as a slip opinion, and subsequently in the United States Reports . In recent years, opinions have been available on the Supreme Court's website and other legal websites on the morning they are announced . Since recording devices have been banned inside the courtroom, the fastest way for decisions of landmark cases to reach the press is through the Running of the Interns . </P>

How many supreme court justices are needed to hear a case