#shadowdocket cc: @WilliamBaude @LeahLitman @imillhiser @chrisgeidnerhttps://twitter.com/rickhasen/status/761659156843618304 …
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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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Part of this comes from seeing Breyerm all as repeat players in voting cases
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Pretty clear at least 4 votes not to take NC case, maybe 5 and view of...
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irreparable injury in these cases by Court liberals is high, well established
End of conversation
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