Such stay applications directed to individual justices at the Supreme Court can be acted on individually or referred to the full court. They often are referred in contested matters.
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The language in Roberts' stay order about "pending further order" suggests he views this as a temporary measure, put in place to keep Howell's ruling from going into effect until the full Supreme Court can decide how it wishes to resolve the stay application request.
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Nonetheless, absent further action, the district court's ruling striking down the FEC rule — which was due to take effect Monday — is on hold now, by order of the Supreme Court.
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The only times I've generally seen such temp, one-justice stays are in death penalty cases from states where, absent a stay, the state will proceed with an execution even while a stay request is pending. In that instance, a single justice will issue a stay while SCOTUS considers.
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And those are instances where it's a stay NOW or death. So, I'm not quite sure why the Chief decided that a Saturday afternoon stay was necessary when the ruling doesn't even go int effect until Monday.
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The question I've been discussing with people is this: Did the Chief Justice's stay just reverse the effect of a 4-4 vote? In other words, previously it would have taken 5 votes to grant a stay. Does this now mean it takes 5 votes for the stay to be lifted?
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Chris Geidner Retweeted Greg Lipper
To be clear, there have been non-death penalty single-justice stays. There's this example, and a Kennedy stay granted after the 9th Circuit's marriage ruling, for example.https://twitter.com/theglipper/status/1041082381162229761 …
Chris Geidner added,
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It is totally possible, as
@theglipper posits, that the Chief simply knows the matter will not be able to be resolved by the full court this weekend and so, rather than making all of the parties wait, he just issued the single-justice stay now rather than Sunday evening.2 replies 29 retweets 89 likesShow this thread -
Side note: This is another instance where the court's procedures and rules seem almost designed to make knowing what is actually going on at the nation's highest court damn near impossible.
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Replying to @chrisgeidner
Can someone explain this entire thread in simple English.
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These three tweets are the key.pic.twitter.com/NSoNHF9LNV
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Replying to @chrisgeidner
Thank You Chris. Sometimes the legalese goes over our heads.
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Replying to @Crey_tyler
Always a good reminder. Just tried to do so clearly in two tweets!
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