Here's the full application —>https://www.documentcloud.org/documents/4641164-18A118.html …
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Tonight, Justice Alito called for a response from the city, due by 5p Monday. Remember: We're now an 8-justice court, but it would still take 5 justices to grant the injunction. (I presume Alito will refer the matter to the full court.)
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JUST IN:
#SCOTUS DENIES Catholic Social Services request for an injunction against the city of Philadelphia for having "imposed an intake freeze" on the group's foster care program due to its refusal to place children w/ same-sex couples. Thomas, Alito, & Gorsuch would grant.pic.twitter.com/2vjRZpxRak
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Note that on an application like this a justice does not have to note their vote, so all that we can say is that 5 justices were not willing to grant the injunction. We do not, in other words, know the Chief Justice's vote; we just know he didn't note his vote.
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For the filings before
#SCOTUS in the case, see here: https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18a118.html …Show this thread -
Nonetheless, an interesting decision by the Chief in either event: Not voting with Thomas, Alito, and Gorsuch OR not wanting his vote with them to be public.
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Another interesting note: The court appears not to have taken action on CSS's alternative request for certiorari before judgment. That request, to take the case before an appeals court rules on the merits of the case, is very rarely granted—but only takes four votes.pic.twitter.com/oK6PIDgQhZ
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