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Old 05-10-2019, 6:09 PM
OleCuss OleCuss is offline
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Quote:
Originally Posted by aboof View Post
If they were working on a summary reversal, the case would show up on the docket each week as re-listed, but it isn't. The case is on hold pending the NY case.
Do you know that there is a mechanism to put a petition for certiorari on hold and effectively stop the listing and distribution until another case is determined - maybe in a whole different court year?

Somehow this doesn't seem to me to be more likely than is the idea that they may be working on summary reversal.

IANAL and I'm not a big court watcher. That said, I've never heard of the SCOTUS putting a petition for cert on hold until the decision on a case which has only recently been granted cert. Maybe it happens at a rate which would stagger me but I somehow suspect it would be more likely to grant cert to both cases and maybe hear them together.


What i find attractive about the idea of summary reversal is that it seems to me that I heard that an involved lawyer said that good things are happening. I'm not sure that putting Pena on hold until the NY case is heard is a good thing. I also think I can reasonably speculate (while admitting that I'm speculating) that they could be attempting to craft a summary reversal which would be preferred by a majority of the court over the alternative granting or denial of cert. The summary reversal scenario is thus not invoking an unknown hold and actually admits that if a suitable summary reversal is not agreed that it could be granted or denied cert.

I also think that Pena would be a reasonable choice for a summary reversal since it seems to me that the law is in rather flagrant violation of the Constitution and precedent. I think a summary reversal could thus be written on fairly narrow grounds.

So I'm still betting on summary reversal but admit that I could be very wrong.
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