Reply #63: I have read the case cited, it was a three way split

[happyslug]

It involved the issue of Unanimous juries but also the issue of can you have a jury of less then 12. Four Justices wanted to strike down verdicts of less then 12, Four Justices wanted to uphold Juries of less then 12. One Justice wanted to uphold smaller juries but still be unanimous. Yes it was a three way vote and as such not much help on the issues. The issue has since just sat, the Court does not really want to re-address it. Some Justices like the idea of smaller juries with full power of a 12 person jury, other Justice dislike less then Unanimous Juries of 12.

My point is the issue has NOT yet decided by the Supreme Court and this sounds like another attempt to avoid the issue (This is NOT a typical left-Right split and as such none of the Justices can predict how the other Justices will vote. As long as that is the case the issue will be avoided by the Court. This is the same reason Zoning Law, Gun Control and other issues that are avoided, both left wingers and right wingers view these issue as an economic issue, other as a Social/Civil Right issue. Depending on how each Justice view it will determine how they vote.