[trumandogz]

And what action can the Justices take at Conference?

[Drennan Whyte]

And what action can the Justices take at Conference?

They will decide whether or not to hear the case. It takes 4 justices to say yes. Otherwise it goes into the circular file.

[Scanian]

It seems like 2-3 cases made it that far about 2 years ago. They got tossed immediately.

That was the subject of this possibly apochryphal Scalia quote(at a party): “What can I do? It takes 4.”

[TNTNT]

Since Obama waived response to the petition, before SCOTUS will even consider the petition at the conference, at least one justice will have find some merit in the petition and request a response for the Appellees. If that is not done, then the petition will be denied without any discussion. That is what has happened in the previous 10 cases filed with SCOTUS. If a miracle occurs and a justice requests a response, then the cert conference will be postponed until the response is filed. So far not a single justice has seen even the need to discuss this issue at conference, let alone agree to grant cert.