This is the only substantive difference ~against~ a courtesy fifth here where Chief Justice Roberts gave one in an Alabama case on Nov. 3.https://twitter.com/davidlnoll/status/807038307960057856 …
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Replying to @chrisgeidner @RMFifthCircuit
It's at least possible that the Justices have also discussed likelihood of cert. since last month.
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Replying to @WilliamBaude @RMFifthCircuit
They have not formally discussed it yet. It keeps being rescheduled before conference. https://www.supremecourt.gov/search.aspx?filename=/docketfiles/16-602.htm …pic.twitter.com/bRh9EM2ksO
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But, yes, I suppose they could have discussed it informally since then.
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Replying to @chrisgeidner @RMFifthCircuit
surely at least some discussion is already necessary to keep rescheduling ...
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We'll know for sure next week if they deny cert.
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Well, not really. There will be not necessarily be any explanation.
6:30 PM - 8 Dec 2016
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