The other, by the same five-justice majority, broadened the circumstances in which courts may order the death penalty even for persons who did not actually commit a murder.

Three days earlier, the five-Justice majority had ordered the recount stopped and the Court had to decide whether to restart it.

The actual counting had ended with the December 9 injunction issued by the same five-justice majority, three days before any deadline.

The five-justice majority was not in agreement on that point today.

Rather a five-justice majority ruled that the policy violated civil rights laws.

The 1973 standards cited by Mr. Abrams were the product of a five-justice majority.

Rather, a five-justice majority held that Newdow, a non-custodial parent suing on behalf of his daughter, lacked standing to sue.

They turned out to be part of the five-justice majority that barred ballot recounts in Florida, a decision that gave the election to Mr. Bush.

Sixteen cases were decided by five-justice majorities, either 5 to 4 or 5 to 3, a proportion very close to the 10-year average.

A five-justice majority said yes, a judge can be wrong and still be reasonable.