@chrisgeidner @davidminbklyn look at Hamilton v. Texas, 498 U.S. 908. Marshall slams that court abandoned the courtesy 5th vote for stay
-
-
-
@the_scrivener@chrisgeidner my understanding is that courtesy remains in effect. If not that would be major news. -
@davidminbklyn
@the_scrivener He does not say it was abandoned; he said it wasn't used in this instance. Not knowing the specifics ... -
@chrisgeidner@the_scrivener one way liberals could make it clear would be to vote for cert. then we'd know if courtesy was still in place -
@davidminbklyn
@the_scrivener Right, but, as you note, they'd likely only do so in a case where they think Kennedy is gettable. -
@chrisgeidner@the_scrivener do you know mechanics of cert voting? Secret ballot? Go around the table in order? -
@davidminbklyn
@the_scrivener Go around the table in reverse seniority at conference, I presume, similar to merits votes. But, for these ...
End of conversation
New conversation -
-
-
@chrisgeidner @davidminbklyn you're over reading. Without 5 votes for stay, cert is pointless. Ringo dies and case is moot -
@the_scrivener @davidminbklyn He's presuming a "courtesy fifth" vote, I'd presume, right David? -
@chrisgeidner@the_scrivener Exactly. As far as we know that courtesy/practice still exists. -
@davidminbklyn
@the_scrivener Wasn't there a question about that in Roberts' confirmation?
End of conversation
New conversation -
-
-
@chrisgeidner do you have an opinion on what's going on. It's happened a few times now. Hard to make sense of it. -
@davidminbklyn I think you're exactly right, tho I hadn't thought it thru previously. I think they let Kennedy decide when to go ahead.
End of conversation
New conversation -
-
-
@chrisgeidner @davidminbklyn it's certainly not a hard rule and who knows what goes on behind the curtainThanks. Twitter will use this to make your timeline better. UndoUndo
-
-
-
@chrisgeidner @davidminbklyn also look at Breyer's dissent in Medellin v Texas where he expresses disappointment in no courtesy 5thThanks. Twitter will use this to make your timeline better. UndoUndo
-
Loading seems to be taking a while.
Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status for more information.