I count three times in that brief statement where the Chief tells the four who voted for a stay that they're wrong.pic.twitter.com/2jHtdnKWH0
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I count three times in that brief statement where the Chief tells the four who voted for a stay that they're wrong.pic.twitter.com/2jHtdnKWH0
This suggests to me CJ either felt pressure to provide a courtesy fifth OR wanted to make sure everyone knew this rly was just a courtesy.
IOW, it looks to me like he's either feeling pressure from the left inside the court or worried about pressure from the right outside.
[I'm not sure which, although I started out almost certain it had to be an inside-the-court thing. Now, though, I'm not so sure.]
How much does this look like a decision before J. Scalia passed?
I'm not sure if you're actually asking or what's going on. Just want to know which before I reply.
I was asking if this looked like something different than what the high court would have done before J. Scalia passed.
There were a few instances of four-votes-for-a-stay but they were in applications that didn't have corresponding cert pets.
[mainly in cases where the appeal was still before the circuit court]
but that had led to discussion about whether the courtesy fifth was gone, if i recall correctly—& breyer's GG move seemed ...
... to give credence to the idea that he at least ~thought~ the "courtesy fifth" needed to be given a public boost.
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