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To: BuckeyeTexan
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.)

What you are describing is the procedure for motions, under Supreme Court Rule 22. A request for the Court to hear a case is made via a petition for certiorari, which is always acted upon by the full Court, under Supreme Court Rule 15.5.

691 posted on 01/15/2009 1:09:40 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

Yes, you are correct about the motions/stays. My mistake on that one.

However, the full court does not vote on each and every writ of certiorari submitted to them. By not being selected for consideration (conference & discuss list), the cert is “automatically denied.”

Sourced from same document as previous post.


694 posted on 01/15/2009 1:18:36 PM PST by BuckeyeTexan
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