In the opening scene at US Supreme Court there are 8 out of 9 supreme court justices available. Justice Roberto Mendoza was not one of the available 8 justices neither was Chief Justice Roy Ashland.
During Toby's discussion with his Rabbi, the Rabbi's arm position over the back of the pew changes repeatedly between shots.
Father Cavanaugh told the President that God had sent a Priest, a Rabbi, and a Quaker. Unless someone talked to him about the execution prior to entering the Oval Office, which seems unlikely, he wouldn't have known about Toby's Rabbi or Joey Lucas.
While it is possible that the entire Supreme Court would gather in their courtroom to deliver their refusal to grant a stay of execution orally (at 8:00 on a Friday evening), this is very unlikely. Most Court decisions, particularly the refusal to grant a stay, are delivered by written court orders by clerks, not by the Justices themselves from the bench.
When Toby is sitting in temple, he is not wearing a yarmulke. It would be a major breach of Jewish custom for a man to have his head uncovered.