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To: ethical; Congressman Billybob

I’m scratching my head over that too. Today’s order says “The application for stay ... is denied”, and is not listed under the Certiorari Denied section. Presumably that means that SCOTUS won’t hold up any pending actions on the NJ SoS’s part, but has not actually rejected the case. CBB, can you confirm/explain this?

I’m increasingly convinced that dang near nobody understands what is actually going on with this case, and that nearly everyone is talking about what they want to be but isn’t.


188 posted on 12/08/2008 8:10:02 AM PST by ctdonath2 (I AM JOE THE PLUMBER!)
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To: ctdonath2

I am thinking the same thing after reading the entire list from SCOTUS today. I think all they ruled on was the stay itself, not the case, but I am certainly no atty.

I would love to hear from CBB on this too.


201 posted on 12/08/2008 8:15:51 AM PST by atlbelle44
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To: ctdonath2

Waiting for Leo Donofrio to post an update on his site. Perhaps as you say, the stay is denied, and another part of his case is still under consideration. I just do not know what to think since it is all over that it was denied. Period.


208 posted on 12/08/2008 8:17:59 AM PST by seekthetruth
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To: ctdonath2

I think that it’s not listed under “Cert Denied” because it was an application, which Donofrio requested to be treated as a Writ Petition. If they denied the application, that means that they denied his request to treat it as a cert.

As for the “pending cases” designation, I think that the application was treated as a “pending case” - differently from the writ petitions.

Again, Donofrio didn’t file a writ petition. He filed an application and thereafter requested that it be treated as a writ petition.


229 posted on 12/08/2008 8:28:26 AM PST by Sibre Fan
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