If SCOTUS did not properly respond to the plaintiff’s motion for Kagan and Sotomayor to recuse themselves, then doesn’t the case just remain in the same condition it was before? Until that motion gets a response, the case remains open, right?
Does anybody know about that? The whole reason to file for a re-hearing is because the motion didn’t get a response. SCOTUS has to respond to that motion, don’t they? They can answer other questions (like whether they will re-hear the case) as many times as they want but until they actually rule on the motion in question they’ve just wasted a bunch of time without ever resolving this case, I would think.
Is that right?
I’m off to work, but would appreciate the input of anybody who knows anything about that, and I’ll see it when I get back home.
.......these guys and gals on the Supreme Court are just plain ole human beings like the rest of us except, for the most part, they are more highly educated and experienced in the law, ergo, they are not idiots and know EXACTLY what they are doing.
So, the fact that they have turned down this case 13 times means ITS OVER! As Justice Thomas said, they are scared of this case. So are our legislators and if they became 100% Republican nothing would change. It’s almost to the point I think where some of us just hope the government does shut down completely because “our system” is broke and “nothing else” will FIX IT !!! Then, we can sort it all out from there. So, in my humble opinion, and I’m just one man, “to hell with the status quo, shut it down and then “pay U.S. bills by priority”..............like the rest of us!......and then when all the money is gone............so be it!
For this case, hearing the case at all is discretionary on the part of SCOTUS (just as a general procedural matter, a case being heard by a District Court, then reviewed by a higher appellate court, has run its course - SCOTUS may take the case from the reviewing court, but that is a discretionary choice. Not so with the first appellate court, that court MUST take the case).
Anyway, at SCOTUS, a Motion for Rehearing is available as a matter of right; but SCOTUS can reject the Motion. This "Motion for Rehearing" activity also goes on after a reviewing court decides a case.
Yes, and it did. It denied the motion. Not unusual, most cases presented to SCOTUS are disposed of in one line responses, "Cert. denied."