Chief Justice John Roberts granted a "courtesy fifth," keeping Thomas Arthur of Alabama alive tonight.
I'm not sure if you're actually asking or what's going on. Just want to know which before I reply.
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I was asking if this looked like something different than what the high court would have done before J. Scalia passed.
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There were a few instances of four-votes-for-a-stay but they were in applications that didn't have corresponding cert pets.
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[mainly in cases where the appeal was still before the circuit court]
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but that had led to discussion about whether the courtesy fifth was gone, if i recall correctly—& breyer's GG move seemed ...
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... to give credence to the idea that he at least ~thought~ the "courtesy fifth" needed to be given a public boost.
End of conversation
New conversation -
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