Each circuit is assigned to a justice, who is responsible for things like emergency requests. Justices used to actually travel their circuit and hear cases.
So, even if 8 other judges would have heard the case, if it happens in the last one’s circuit, the appellant is out of luck?
Only for emergency stays, the court still votes whether to hear the case on the merits and the full court can issue a stay when they get around to considering it.
As far as I know, yes. Amy Coney Barrett turned down a similar request from students wanting a stay against a vaccine mandate at Indiana University.
So the best a rogue justice could do is delay? I suppose there are times that could be critical. Can the full court “get around to considering it” whenever they want (e.g. later that day), or is there some sort of schedule.
The court operates under the assumption that there is no such thing as a rogue justice and will generally follow established procedures and norms. Sotomayor’s recent action was wholly unremarkable and in keeping with those norms, so far as I can tell. A justice functions as a gatekeeper and is trusted in that role.
I get that Sotomayor is fine here. My questions are mostly hypothetical.
But if this system relies heavily on norms, then I’ve got a bad feeling about it. Norms aren’t holding up too well of late.
The court isn’t going to address the potential norm-breaking until those norms are broken. Arguably, anticipating such problems is a political question that is the province of Congress.
I’m sure Merrick Garland will get right on that.
Jesus fucking Christ (the guy worked at the Department of Defense)
https://twitter.com/jacq_thomsen/status/1445396083442700293?s=21
Let’s see him wiggle his way out of this one!
https://twitter.com/johnkruzel/status/1445350556860567554?s=21
i look forward to subscribing to this guy’s podcast in four years after SDNY completes none of …
** checks the article **
The Southern District handles some of the nation’s most complex fraud, terrorism and corruption cases, including prosecutions that reached former President Donald J. Trump’s inner circle. The office is preparing to try Ghislaine Maxwell, the longtime companion to Jeffrey Epstein, on sex-trafficking charges (she has pleaded not guilty), and it is investigating Rudolph W. Giuliani, the former New York City mayor, Trump lawyer and onetime Southern District U.S. attorney, over his dealings in Ukraine before the 2020 presidential election. He has denied wrongdoing.
Holy shit. Incredible story.
What the fuck.
That twitter thread is sickening.
The weight gain while scrolling down was kind of funny.
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I think allowing unlimited attempts to pass the bar is a poor system.