Overview

• Justice Neil Gorsuch dissented from the Supreme Court's decision not to hear the Cunningham v. Florida case.
• Gorsuch argues that the Sixth Amendment historically guarantees a 12-member jury for serious criminal offenses.
• Florida, along with five other states, allows six- or eight-member juries for felony cases.
• Florida officials maintain that their jury practices have been in place since 1877 and fulfill constitutional duties.
• Approximately 5,000 criminal convictions are pending appeal in Florida due to this jury size issue.