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Reply #4: no. that was the whole point of having Thomas refer it to the court [View All]

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Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU
onenote Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-05-08 01:55 PM
Response to Reply #2
4. no. that was the whole point of having Thomas refer it to the court
If Thomas had simply denied the petition, the nutjob filing it could have gone to another justice and then to another and so on until he'd hit them all. And then he'd still have the opportunity to file his petition for ceriorari (what he has filed at this point is not his petition for certiorari, its an emergency petition for stay pending his filing of his certiorari petition). Sending the matter to the full conference gave it the option of treating the stay petition as if it was the certiorari petition itself and to deny it. So at this point, the nutjob is done, over and out. And to the extent that other nutjobs come forward with similar cases, the fact that cert was denied by the full court here means that future petitions can be essentially decided by the justice's law clerks, who take most petitions, divide them up, and make recommendations that are generally summarily followed by the court.
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