Answer:
D. five of the nine justices
Step-by-step explanation:
Once the Supreme Court hears a case, they hold a meeting to discuss it, in which each of the nine judges expresses their views, concerns, and questions about the case, and vote. Only if the decision is agreed by at least five of the nine Justices, the decision is delivered in open Court and becomes valid. If for some reason, there are not nine justices but eight, and there is a tie vote, the decision of the lower Court that previously dealt with the case shall prevail.