If that were the case I keep thinking that they, being at least Thomas would have simply denied Donofrio’s case the second time it was submitted. It could be the Court is divided down the middle or even less, with most of them preferring to punt on the issue.
I agree. I believe Mr. Thomas has the mettle to push this along - no matter what the flak, I believe he'll do what he believes is right. The same with Mr. Scalia.
IF this accusation has merit, though, I have to believe that all of the Supremes are under extreme pressure to rationalize reasons not to hear it.
This will be a real character gauge (of which, a good portion of the Supremes have already convinced me that their gauge is running on Empty)...