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Member since: Sun Sep 7, 2008, 05:13 PM
Number of posts: 19,264

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Understand that while it is likely to happen there may not be a ruling today due to Thomas/Alito

Thomas and Alito believe in a legal theory that SCOTUS must in all situations no matter how stupid or meritless hear original jurisdiction cases. That is complaints between states not heard by a lower court first which includes the TX v PA lawsuit. The is no historical support for this, no prior justices believed this, and none of the other seven seated justices share this view. They and only they are convinced that SCOTUS must accept original jurisdiction cases.

So in every single original jurisdiction case they slow everything down. The demand that the justices accept the case and then dismiss it instead of declining to review it. When they lose (and they always lose) they demand to write a dissent and scold the rest of the court for not following procedures as they see they should be.

If this seems stupid and trivial well it is. Nobody on the planet except those two idiots cares. This isn't a Republican thing or a conservative judge thing or a federalist society thing. This is a special brand of stupid sauce shared between Alito and Thomas.

So that could be the delay. It could (not saying will but could) even delay things until Sat/Sun over essentially nothing.

If I am right this is likely what is happening right now:
7 justices: consensus is the case has no merit and no standing lets decline to review
Alito and Thomas: no you must accept the case and then dismiss instead of declining to review
7 justices: we aren't doing that like the other 20 times you pulled this stunt
Roberts: calling the vote. 7-2 decline to review
Alito and Thomas: I want to write a dissent I need 24 hours.

I am not saying that will happen. Hopefully we get an order issued today and that is that just pointing out what might be causing the delay so far and why that delay could go past the end of the day today.

So what happens if there is no order issued today? Well SCOTUS can issue an order on the weekend. They usually don't but this isn't a usual situation. They won't want to wait until Monday and the confusion/chaos that would bring so an order (w/ the dissent from the two stupids) could happen on Saturday or Sunday.
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