The U.S. Supreme Court on Tuesday refused to consider whether states such as Florida are violating the Constitution by convicting people with fewer than 12 jurors, prompting a sharp dissent from Justice Neil Gorsuch.

Gorsuch dissented after the court denied review in Cunningham v. Florida, in which Natoya Cunningham appealed her conviction by a six-person jury of aggregated battery and retaliation against a witness. According to prosecutors, Cunningham stabbed an informant who helped police in the arrest of her nephew for dealing crack.