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
Legal Editor, @BuzzFeedNews. SCOTUS Correspondent. Nat Sec Team, covering Trump & Mueller. Sober. Gay. Buckeye. Law Dork. DMs open. chris.geidner@buzzfeed.com
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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
Sounds like there is a last-ditch attempt by #SCOTUS to avoid a possible 4-4 split in the contraception mandate accommodation case.
@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 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!
@n8inSLC @jesseberney (The 4 who want the public union agency fees to be allowed, that is.)
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