@AppellateDaily @chrisgeidner Why didn't they grant the writ?
@tedfrank @AppellateDaily @chrisgeidner order indicates 5-4 split was on only the stay application, not the cert petition
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@lawrencehurley@tedfrank@AppellateDaily@rford@sjhorowitz ... only they stay denial notice so as to keep the mootness issue from arising? -
@chrisgeidner@lawrencehurley@tedfrank@AppellateDaily@rford@sjhorowitz Key pt: Stay vote != cert vote. Courtesy 5th only if cert has 4. -
@chrisgeidner@tedfrank@AppellateDaily@smmarotta this@scotusblog post cited yesterday explains it pretty well: http://www.scotusblog.com/2007/10/death-penalty-stays/ … -
@lawrencehurley@tedfrank@AppellateDaily@smmarotta@SCOTUSblog If four would stay pending consideration of petition, say so. And get it.
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@lawrencehurley@tedfrank@chrisgeidner Right, I think Ted's question is: If there were 4 willing to stay, why not 4 willing to grant? -
@AppellateDaily@lawrencehurley@tedfrank The petition on which they acted was for cert before judgment. Is it possible the issue is there? -
@chrisgeidner@AppellateDaily@lawrencehurley@tedfrank A stay vote could be, "I want more time to think," which isn't commitment re: grant. -
@smmarotta@AppellateDaily@lawrencehurley@tedfrank Yes, but noting that as Taylor is about to be executed is disingenuous, at best.
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@lawrencehurley@tedfrank@AppellateDaily@rford@sjhorowitz ... what that means, which is a very good question, I think. Are they giving...Thanks. Twitter will use this to make your timeline better. UndoUndo
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@lawrencehurley@tedfrank@AppellateDaily@rford@sjhorowitz Yes, the four was only as to the stay, but the reconsideration petition asks...Thanks. Twitter will use this to make your timeline better. UndoUndo
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