@JoshMBlackman @smmarotta And, Alito did not refer the Schuylkill County Orphans’ Court Clerk's request to the full court, either.
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@chrisgeidner@JoshMBlackman You imagine that Liberty Counsel would just renew the denied application under Rule 22.4, but who knows. -
@smmarotta@chrisgeidner Yeah, I suspect the prudent J Kagan will refer to whole court, but there is precedent not to with Kennedy and Alito -
@JoshMBlackman@smmarotta Yeah, my only thought for why she might not is that, in that case, she is likely to issue a temp stay, right? -
@chrisgeidner@smmarotta If she calls for a response, it acts as a temporary stay. -
@JoshMBlackman@smmarotta Isn't that separate? Wouldn't it need to say so explicitly? -
@chrisgeidner@smmarotta As I understand it, the act of calling for the response puts it on hold, briefly -
@JoshMBlackman@chrisgeidner@smmarotta If brief stay automatic, why explicit language in McDonnell order?pic.twitter.com/7O5BnTiuxW
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@KimberlyRobinsn@JoshMBlackman@smmarotta That was the one I was thinking of, but I also recall it in ones earlier out of the 9th as well. - 7 more replies
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