Cunningham v. Florida

Summary

Justice Gorsuch dissents from the Supreme Court’s denial of certiorari in Cunningham v. Florida, arguing that the Court should revisit and overrule Williams v. Florida’s approval of six‑member juries. He contends that the Sixth Amendment guarantees a twelve‑person jury and that the Court’s prior decisions have eroded this right. Gorsuch urges the Court to correct what he calls a historic mistake and to protect individual liberty.