Rule 53. Tie Breaker Rule

We are to grant certiorari if the number of justices in favor of granting certiorari equals 44% or more of the total number of justices. (ie. 2 justices have to be in favor if there are 4 total justices). In cases where the numbers do not divide evenly, it will follow the “standard” rounding rules of 5 or more pushes it to the next number and 4 or below rounds down. Example: 44.5 percent would round to 45 and 44.4 percent would round to 44.

Notes