#shadowdocket cc: @WilliamBaude @LeahLitman @imillhiser @chrisgeidnerhttps://twitter.com/rickhasen/status/761659156843618304 …
... any explicit agreement to reinstate clarity surrounding the "courtesy fifth"?
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No. I think Breyer is unilaterally (but helpfully?) trying to expand the norm.
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Agreed (the Medellin cite...). SGB w/n ask for agreement, others w/n give it.
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OK. I get everything y'all are saying, BUT ... we'd likely have thought the ...
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... same thing about GG — "who'd vote for cert w this court" — until it happened.
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If Breyer's "courtesy" extends, doesn't that encourage voting for cert even ...
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... when a 4-4 outcome is the most likely outcome?
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(I acknowledge the counter to this is the Chief's institutional interests.)
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Don't know I've a strong view on answer, but I don't think Rick's answer is obv.
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