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To: bvw
It is impossible to know, it seems to me, since the "rule of four" is, as it were, an internal rule that the Supreme Court has adopted for itself. If a decision were ever made to grant cert in a case in which fewer than four Justices had desired to hear it, there's no formal mechanism by which we'd ever find out about it.
107 posted on 12/29/2010 1:00:24 PM PST by DSH
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To: DSH

Reminds me of a soundless eternal forest where no tree ever falls for lack of someone to hear it.


116 posted on 12/29/2010 1:20:37 PM PST by bvw
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To: DSH

If even one strongly wants it to be heard there is often further consideration. That would lend additional strength to the contention that such an interest is more likely in the only case to go to SCOTUS so far in which standing is not the issue but the questions presented go to the merits.


152 posted on 12/29/2010 4:12:38 PM PST by AmericanVictory (Should we be more like them or they more like we used to be?)
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