Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Cicero

“Otherwise, why would Thomas bring it forward, and then not vote for it?”
- - -
Because that is standard procedure when an application is denied by the first Justice and then presented to a second Justice. It has nothing to do with merits of argument or case. It’s just what they do as standard procedure. You can check this yourself by browsing through the SCOTUS Docket.

See page 4 of http://www.supremecourtus.gov/publicinfo/reportersguide.pdf (found on Donofrio’s site):

“If a Justice acts alone to deny an application, a zetitioner may reapply to any other Justice of his or her choice, and theoretically can continue until a majority of the Court has denied the application. ***In practice, applications usually are referred to the full Court by the second Justice to avoid such a prolonged procedure.***”


63 posted on 12/08/2008 12:23:23 PM PST by Sibre Fan
[ Post Reply | Private Reply | To 41 | View Replies ]


To: Sibre Fan

Again, we have no idea how the conference went. Noted dissents from denial or notes saying that “Justice ___ would grant cert” are not the same thing as a justice supporting cert in private conference.


64 posted on 12/08/2008 12:25:27 PM PST by NinoFan
[ Post Reply | Private Reply | To 63 | View Replies ]

To: Sibre Fan

Thanks. Learn something new every day.


87 posted on 12/08/2008 12:43:59 PM PST by Cicero (Marcus Tullius)
[ Post Reply | Private Reply | To 63 | View Replies ]

To: Sibre Fan

It really is just that simple.


157 posted on 12/08/2008 3:01:48 PM PST by KDD ( it's not what people don't know that make them ignorant it's what they know that ain't so.)
[ Post Reply | Private Reply | To 63 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson