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To: BuckeyeTexan
If a case received a vote on certiorari at all (yea or nay), by default it had been placed on the discuss list and referred for conference. That's why you see that on the docket listing. The vast majority of cases are never accepted for consideration, not distributed for conference, and not voted upon.

If a case is not voted on and certiorai is not denied, how is it "rejected"?

684 posted on 01/15/2009 12:01:03 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

Each individual justice may reject the cases submitted to him/her. All of the NBC cases were first denied/rejected by an individual justice.

The law allows the petitioner to resubmit to the justice of his/her choice. If that justice denies/rejects the case, the petitioner may continue until all 9 justices have denied the case.

Some aruge that these cases were sent to conference for that reason - to prevent the petitioner from exhausting all 9 decisions. (The case goes to conference where all 9 vote to deny/accept.)


685 posted on 01/15/2009 12:15:05 PM PST by BuckeyeTexan
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To: Lurking Libertarian

This has been a good discussion. I am enjoying it. Thank you for being polite. Regards.


686 posted on 01/15/2009 12:15:53 PM PST by BuckeyeTexan
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