“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.***”
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.
Thanks. Learn something new every day.
It really is just that simple.