SCOTUS sometimes used to granted cert (4 votes) but not have 5 votes for stay and inmate would be executed. Was unseemly. No longer happens.
@nancyleong @davidminbklyn Sorry, tonight three voted for a stay so cert could be considered.
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@chrisgeidner @davidminbklyn Oh, I see. Thanks for clarifying. -
@nancyleong @davidminbklyn They basically just stopped doing it b/c it's horrid to grant cert but not a stay (thus allowing the execution). -
@chrisgeidner @davidminbklyn I get why it's horrid; I just wondered whether there's a formal rule or an informal consensus. -
@chrisgeidner @davidminbklyn Against granting cert/not granting stay, that is. -
@nancyleong@chrisgeidner @davidminbklyn Here's a discussion of the practice (the "courtesy fifth") from@SCOTUSblog http://www.scotusblog.com/2007/10/death-penalty-stays/ … -
@crescat@chrisgeidner @davidminbklyn@SCOTUSblog So it's "the Court's unpublished practice," but CJ makes no firm promises. Thanks, Will.
End of conversation
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