Courtesy 5 unlikely, tho cert not so likely in DOE case-tie +MGB confirmed both possible
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Irreparable inj. different, but injury here too (per
@JoshACLU) https://www.aclu.org/blog/speak-freely/did-supreme-court-really-just-issue-emergency-order-stop-17-year-old-transgender … -
Hopefully AMK won't vote for a stay so no need for 5th "courtesy vote"
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@JoshACLU@LeahLitman@WilliamBaude@imillhiser@chrisgeidner good chance the Chief also would not vote to stay -
If that's the case, which I think is possible, then do you think there was ...
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... any explicit agreement to reinstate clarity surrounding the "courtesy fifth"?
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No. I think Breyer is unilaterally (but helpfully?) trying to expand the norm.
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Agreed (the Medellin cite...). SGB w/n ask for agreement, others w/n give it.
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