WASHINGTON, D.C. — Josh Blackman proposed a series of procedural reforms for the Supreme Court, including Deep-6, Skip-6, Refer-6, and Release-6, in a commentary published on SCOTUSblog on September 8, 2026. The commentary, titled "Empower the Supreme Court’s supermajority on substantive matters", is the seventh piece in a series regarding what the Supreme Court can and should do better.

The Deep-6 proposal would allow six members of the court to vote to deny a petition immediately and end all further deliberations. Under this framework, one or more justices could note their dissent from the denial of a petition. The Skip-6 proposal would allow six justices to skip oral arguments if they determine a case is easy to resolve after briefing.

The court would release a majority opinion at a later date under this model, which could be a summary reversal or a full opinion. The minority can dissent from the cancellation of oral argument or issue a dissent from the majority opinion under the Skip-6 structure.

The Refer-6 proposal would allow six justices to vote to refer any pending matter to the full court at any point. This mechanism can be invoked to establish a briefing schedule or enter an administrative stay as soon as an application is filed. Under the Refer-6 proposal, the circuit justice can dissent from the referral order but cannot stop the referral. The Release-6 proposal addresses the pattern where the majority issues a short unsigned opinion while the dissent provides extended analysis.

Five votes constitute a majority capable of ruling on any matter at the Supreme Court. Justice William Brennan may have remarked that five votes can do anything at the Supreme Court. Emergency applications are typically filed with the circuit justice, who has discretion to deny the application, grant or deny a motion for an administrative stay, or call for a response. The full court, not the circuit justice, makes the final decision on emergency applications.

In Trump v. California, Circuit Justice Ketanji Brown Jackson called for a response immediately. In Rollins v. RI Council of Churches, Circuit Justice Ketanji Brown Jackson imposed a briefing schedule requiring the government to file a brief in approximately 12 hours and the respondent to file a brief later that same day. The docket notation in that case stated: "The application for stay presented to Justice Jackson is referred to the Court." The court extended the administrative stay after referring the case to the full court.

Justice Ketanji Brown Jackson dissented from the order extending the administrative stay in Rollins v. RI Council of Churches. According to scotusblog.com, the administrative stay entered on November 7, 2025, was extended until 11:59 p.m. (EST) on November 13, 2025, by Justice Jackson. The total process in Libby v. Fectau took nearly 11 days. The Join-3 proposal would automatically provide a fourth vote for certiorari when three other justices vote to grant it. The Pre-3 proposal would allow three justices to vote before the conference to grant a case.