... any explicit agreement to reinstate clarity surrounding the "courtesy fifth"?
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Replying to @chrisgeidner @rickhasen and
No. I think Breyer is unilaterally (but helpfully?) trying to expand the norm.
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Replying to @WilliamBaude @chrisgeidner and
Agreed (the Medellin cite...). SGB w/n ask for agreement, others w/n give it.
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Replying to @LeahLitman @WilliamBaude and
OK. I get everything y'all are saying, BUT ... we'd likely have thought the ...
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Replying to @chrisgeidner @LeahLitman and
... same thing about GG — "who'd vote for cert w this court" — until it happened.
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Replying to @chrisgeidner @LeahLitman and
If Breyer's "courtesy" extends, doesn't that encourage voting for cert even ...
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Replying to @chrisgeidner @LeahLitman and
... when a 4-4 outcome is the most likely outcome?
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Replying to @chrisgeidner @LeahLitman and
(I acknowledge the counter to this is the Chief's institutional interests.)
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Replying to @chrisgeidner @LeahLitman and
Don't know I've a strong view on answer, but I don't think Rick's answer is obv.
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Replying to @chrisgeidner @LeahLitman and
Part of this comes from seeing Breyerm all as repeat players in voting cases
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Pretty clear at least 4 votes not to take NC case, maybe 5 and view of...
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Replying to @rickhasen @chrisgeidner and
irreparable injury in these cases by Court liberals is high, well established
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