Breaking: #SCOTUS calls for more briefing in ACA contraception mandate accommodation case: http://www.supremecourt.gov/orders/courtorders/032916zr_3d9g.pdf …pic.twitter.com/ELepjtz9eS
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SUCH a detailed order. Part of the instructions to the parties on what to address in their supplemental briefing:pic.twitter.com/QgdXZpKAIA
There's a lot of stuff in this @JoshMBlackman post, but I think this key point is right: http://joshblackman.com/blog/2016/03/29/making-sense-of-the-scotus-order-in-zubik-v-burwell-based-on-oral-argument-questions/ …pic.twitter.com/eht6jYA8RX
@jesseberney @chrisgeidner Technically, yes, but justices will go along with this kind of order most of the time for collegiality's sake.
@jesseberney @chrisgeidner Just like technically, the "rule of 4" is not required by law—it's a rule based on custom and collegiality.
@n8inSLC @jesseberney Well, very little about the court is "required by law."
@n8inSLC @jesseberney And, I'm not sure the justices would "go along with" this for the heck of it. I'd think there had to have been a ...
@n8inSLC @jesseberney ... vote in the case that would not have resulted in a majority opinion, hence, today's order.
@n8inSLC @jesseberney And, in that case, a majority of the justices would be more likely to go along with an order like this.
@n8inSLC @jesseberney Compare today's Friedrichs 4-4 split. Why not reargument? Because 4 justices win by a tie! So: No majority for rearg!
@chrisgeidner Have you done a piece on this yet, by any chance? Thanks!
@chrisgeidner avoid 4-4 or keep Kennedy from making it 5-3 against petitioners?
@chrisgeidner that sounds like a Kennedy-style order to me - trying to find a ground to hold that the accomodation doesn't violate RFRA.
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