Tue. Aug 5th, 2025

Why the Supreme Court Must Have a Full Panel of 9 Judges

Author’s Note: A vacant seat of the U.S. Supreme Court would be very detrimental to Liberty Counsel’s religious freedom cases—especially our fight for the pastors, churches and parishioners being criminally charged, arrested and fined for worshipping. Read on to learn more about why the nomination for this seat already promises to be the most intense Supreme Court battle of our lifetime. Mat Staver

As you know, Liberty Counsel has six church cases pending, five of which are currently in the Courts of Appeal. Our case representing Elim Romanian Pentecostal Church and Logos Baptist Ministries will be the first church case to be presented to the Supreme Court requesting full review.

Meanwhile, many of our other religious freedom cases are also pending before the Supreme Court, like our case representing Kim Davis, the Kentucky clerk who refused to endorse “same-sex marriage,” as well as our “change counseling” cases which will soon reach the High Court.

Meanwhile, other religious freedom cases are also before the Court, including some for which Liberty Counsel has filed amicus briefs. In fact, this upcoming session the Court will decide some of the most important issues currently facing our nation, like a state’s ability to force Christian adoption agencies to place children with LGBT adoptive parents, as well several key provisions of the unconstitutional Obamacare laws.

And, of course, there are cases involving abortion that regularly come to the Court.

For all these reasons and more, I am asking you to please fax the Senate right now and tell them to approve President Trump’s Supreme Court nominee as soon as possible. There is no time to waste!

I cannot begin to express the importance of having this seat filled with Amy Coney Barrett. She is an exceptional jurist and, most importantly, dedicated to interpreting the Constitution and laws based on their intent and plain meaning.

Why the Supreme Court Must Have a Full Panel of Nine Judges

The late Justice Ruth Bader Ginsburg recognized the stalemate and danger of having only eight justices, when she said in 2016, “Eight is not a good number for a collegial body that sometimes disagrees.”

She was right. Because when only an even number of justices hears a case and a stalemate is reached, the lower court’s ruling is automatically affirmed.

In such a case, no SCOTUS opinion is proffered. Instead, to quote the late Justice Ginsburg herself once again, “It’s just as though we denied review.” And the lower court’s opinion stands.

We are fighting our way through several lower courts to ensure everyone always has the right to worship, and that no lawless governor or tyrannical local bureaucrat can shutter churches and silence God’s people.

Without nine justices on the Supreme Court, a lower court ruling against religious freedom stands. Then, tyrannical governors like those we are suing in California, Colorado, Illinois, Kentucky, Virginia and Maine could be allowed to continue arresting pastors and criminally charging congregants. Also, governors could seize and destroy churches that refuse the comply, exactly as has already been threatened against our clients in California and Illinois.

Our ability to practice our faith as God instructs—not in the manner a lawless governor demands—hinges on the immediate filling of the current Supreme Court vacancy.

That’s why I am asking you to please take a moment to tell the Senate to quickly confirm Amy Coney Barrett to the Supreme Court.

With our Ministry Center across the street from the Supreme Court, we are strategically located for this battle.

Finally, I ask you to please continue to be in prayer for our country. Tens of thousands of people met in our nation’s capitol this past weekend to pray for healing in our land. Our Ministry Center, which sits right behind the U.S. Supreme Court building, was both a witness and an active participant in this great day of prayer.

Many times during this event, 2 Chronicles 7:14 was mentioned, and I know God hears such prayers. I also know He keeps His promises! So please, continue to pray with us. {eoa}

For the original article, visit lc.org.

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