Per curium order w/multiple concurring ops saying they join order for sake of issuing judgement. cf Souter in Hamdi?https://twitter.com/chrisgeidner/status/675385513281462276 …
@JoshACLU Even if the more liberal justices joined Kennedy in supporting a remand, it's still 4-4. You'd need the chief to join it, too.
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@chrisgeidner yeah it would be concurrences from right and left. Otherwise no majority to do anything which means affirmance by default -
@JoshACLU Thanks, Josh. I'm aware of that, as is Dorf, and his piece discusses why that's dumb in this situation. -
@chrisgeidner Yeah, of course you (and Dorf) know! I was just speculating they would do it by per curiam order. -
@JoshACLU Right. I just don't know how they get to 5. Unless the chief is willing to concur in judgment on a per curium. -
@chrisgeidner it's an interesting game of chicken. The incentive is also on the conservatives to join or else liberals win by default. 1/2
End of conversation
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@chrisgeidner In Hamdi Souter/RBG needed to join remand from OConnor or CA4 decision would stand even though only vote for that was Thomas.Thanks. Twitter will use this to make your timeline better. UndoUndo
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