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As Mr. Brunson points out...if the 10th Circuit had moved on his case
instead of sitting on it, Rule 11 would have never applied.

57 posted on 12/07/2022 9:52:35 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)

58 posted on 12/07/2022 10:04:52 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)

As Mr. Brunson points out...if the 10th Circuit had moved on his case instead of sitting on it, Rule 11 would have never applied.

SCOTUS can exercise supervisory control over the lower courts through the prerogative writs. Rule 11 is just one example of that power. The problem is that SCOTUS is not acting like this case is any kind of emergency. From that I conclude that at present, there aren't four justices who want to hear this case. So, it is going to conference based upon the support of one to three of them hoping to get to four.