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To: NautiNurse

Maybe one of Legal experts can help answer this question for me. Inasmuch as she is missing “Oral Arguments”, can she still rule/offer opinions on any of those cases based on the legal written briefs and the input she gets from her staff?


14 posted on 01/07/2019 6:47:28 AM PST by Old Retired Army Guy
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To: Old Retired Army Guy

I think the implication is that she herself is not contributing to the oral arguments. I believe she is listening intently to the entire matters and can put forth her opinion.....making it still....a 9 member court.


36 posted on 01/07/2019 7:16:55 AM PST by Sacajaweau
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To: Old Retired Army Guy

Yes.

Rehnquist ruled and wrote majority opinions on cases he did not personally hear.

There is no rule preventing Kavanaugh from doing the same, even though he wasn’t on the Court. But it’s not likely to happen, as there is an option of simply rehearing the case with Kavanaugh present. The USSC generally doesn’t like to do things without precedent.


127 posted on 01/07/2019 9:58:37 AM PST by jjotto (Next week, BOOM!, for sure!)
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