Leo mentions on his web site that he had more time to help Cort with his case so it may be a better case. He also said Cort’s case was cleaner in CT lower courts. The judge in NJ’s lower courts changed the paperwork after the fact to try to derail Leo’s case. Leo is not sure if this harmed his case but obviously that the was th NJ judges intent.
There may also be some hope becase Scalia has Cort’s case and apears to be carefully reviewing it. I am not saying Thomas did not review Leo’s but Leo has detected some differences in the way it may have been handled by the clerks or something.
Yes, possibly Scalia and Thomas got together and decided Wrotnowski case is better for the reasons that Donofrio listed.