.@JoshACLU @LeahLitman @WilliamBaude @imillhiser @chrisgeidner good chance the Chief also would not vote to stay
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Replying to @rickhasen @JoshACLU and
If that's the case, which I think is possible, then do you think there was ...
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Replying to @chrisgeidner @rickhasen and
... any explicit agreement to reinstate clarity surrounding the "courtesy fifth"?
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Replying to @chrisgeidner @rickhasen and
No. I think Breyer is unilaterally (but helpfully?) trying to expand the norm.
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Replying to @WilliamBaude @chrisgeidner and
Agreed (the Medellin cite...). SGB w/n ask for agreement, others w/n give it.
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Replying to @LeahLitman @WilliamBaude and
OK. I get everything y'all are saying, BUT ... we'd likely have thought the ...
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Replying to @chrisgeidner @LeahLitman and
... same thing about GG — "who'd vote for cert w this court" — until it happened.
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Replying to @chrisgeidner @LeahLitman and
If Breyer's "courtesy" extends, doesn't that encourage voting for cert even ...
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Replying to @chrisgeidner @LeahLitman and
... when a 4-4 outcome is the most likely outcome?
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Replying to @chrisgeidner @WilliamBaude and
Unlikely-I would think Chief + AMK want to minimize 4-4s more than want a stay
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Right, which I acknowledge, at least as to the Chief.
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