Remember, It only takes Four Supreme Court Justices to grant Certiorari

[Sandpiper]

That the Schindlers' appeal was denied by the Supreme Court shows that at least 6 of 9 justices did not think it was worthy of a hearing.


That they dismissed the appeal without comment shows that more likely, all 9 justices felt this way.


And the Connies hold a 5-4 majority on the court, so no blaming this one on the Clenis.

[Walt Starr]

1. Actually, it was unanimous

Even Scalia and Thomas agreed to deny the appeal.

[BrklynLiberal]

2. Maybe even they feel threatened by the intrusion of Congress into the

realm of the judiciary....
or
They know that it does not matter. Dead or alive, Terri Schiavo will have served her purpose for the RW Fundies. Scalia and Thomas are Opus Dei arent they?

[Der Engel der Katzen]

3. They should! I know I do.

I'm terrified.

[adwon]

6. Thomas is a radical states' righter

He literally, LITERALLY, wants to get rid of virtually all modern laws and go back to 18th century federalism. I wish I was exaggerating, but I'm not. Check out his concurrences in Lopez and Morrison to see what I mean.

[LibertyLover]

14. Thomas

I know you are correct about Thomas. His concurring opinions in Morrison and Lopez were clear evidence of that. One can't help but wonder how he would do if he were to get his wish and suddenly only counted as 3/5th of a white man, or, (as free blacks were in most states prior to the Civil War), was barred from voting, holding elective office, carrying the mail, serving on juries or testifying in cases against whites.

[adwon]

15. I wondered the exact same thing

[Still_Loves_John]

13. That's exactly it

Even the most conservative judges don't like the idea of congress on their turf.

[Sandpiper]

4. I hadn't heard that

n/t

[K-W]

5. The supremes are still judges,

Youd need to have 9 Clarence Thomas's on the court to have a chance with something as legally rediculous as that appeal.

[ultraist]

7. The SOTUS refusal to hear this, gives me some hope

So does the fact that 75+% of ALL Americans agree with the various Courts' decisions.

Doesn't Rehnquist now have a breathing tube? I'd love to hear his thoughts on this as he is near the end of his life and may well have to make this same decision, very soon.

[napi21]

8. Actually, I think they are still feeling the reprocussions of 2000.

These folks are very selfconfident, and sometimes verry arrogant people. I don't think they were prepared for the amount of detest their decision on the 2000 election caused. That supbject is still a very sore one with a lot of the American people and I'm sure the justices still hear complaints.

I don't mean they will never take another controversial case, but this case has been presecuted through the State court system for over 10 years, and I don't think the SCOTUS judges want to go against all those judgements.

It may have been different is there had been 10 for 10 against decisions and they were needed to break the indecision, but that wasn't the case.

[DearAbby]

9. the reprocussions of 2000

Something inside me makes me feel they are holding off retirement because they know they made the wrong choice in 2000...and dont want it to be Bush to appoint a new Supreme Court Justice.

Then again...

[napi21]

10. Ohhh God, I hope you're right on that one!

How I hope they can all hold on! Rhenquist is getting really old, though, and he's sick. The others can probably make it, but I don't know about the Chief.

[K-W]

11. But this appeal had no chance.

We needn't look past the actual facts of the case for an explenation as to why the supreme court didnt think twice about refusing to hear this case. The judges arent idiots.

[Deep13]

12. ...but five for an injunction.

There have been capital cases where four justices agreed on cert., but they could not get a fifth for a stay of execution.