Free Republic
Browse · Search
News/Activism
Topics · Post Article

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
[ Post Reply | Private Reply | To 684 | View Replies ]


To: BuckeyeTexan
"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."

I believe this is the procedure for stays.

688 posted on 01/15/2009 12:56:13 PM PST by mlo
[ Post Reply | Private Reply | To 685 | View Replies ]

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)
[ Post Reply | Private Reply | To 685 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson