[Congressman Billybob]

Certiorari does NOT have to be granted. Judge Napolitano, who's usually very good on these matters, is wrong this time. My first win in the Supreme Court was Emergency Relief granted by a single Justice. The whole Court NEVER did accept and hear that whole case on the merits. (McCarthy v. Briscoe, September, 1976.)

John / Billybob

[pogo101]

You're right that the stay (probably by O'Connor, although additional Justices could sign on if she chooses to refer an emerg. stay request to the full Court) need not await a grant of cert (although presumably some rudimentary PETITION for cert probably would have to be on file). Really such a stay, as I understand it, is intended to preserve the status quo (or status quo ante) while the Court can consider a cert petition.

So technically, O'Connor could stay ... then the Court could just take its time evaluating the cert petition. If it waits through October 7, it may deny it as moot.

But I'd like to see something issued on the merits, something indicating You (Ninth Circus) Once Again Have Gone Too Far.