"We need to cave now so we can fight later" ad infinitum
November 10, 2025 at 10:50 PM
"We need to cave now so we can fight later" ad infinitum
If a SCOTUS justice denies a petition for an administrative stay, the losing party then gets to appeal to the rest of the court and see if they will overrule the justice. Which means the stay was always getting granted on Friday night. The only question was whether it was on KBJ's terms or Alito's.
November 10, 2025 at 7:50 PM
If a SCOTUS justice denies a petition for an administrative stay, the losing party then gets to appeal to the rest of the court and see if they will overrule the justice. Which means the stay was always getting granted on Friday night. The only question was whether it was on KBJ's terms or Alito's.
Within 5 minutes of her denying the stay, the rest of the court would have overruled her and imposed an indefinite stay.
November 10, 2025 at 7:43 PM
Within 5 minutes of her denying the stay, the rest of the court would have overruled her and imposed an indefinite stay.
Controlling the timeline and forcing a resolution this week is something. Now, the Court will make their stay decision with the benefit of the First Circuit's decision and briefing by both sides, neither of which they had on Friday. It's not perfect, but it's the only card KBJ had to play.
November 10, 2025 at 6:34 PM
Controlling the timeline and forcing a resolution this week is something. Now, the Court will make their stay decision with the benefit of the First Circuit's decision and briefing by both sides, neither of which they had on Friday. It's not perfect, but it's the only card KBJ had to play.
Steve's article (linked in this post) answers that question.
November 10, 2025 at 6:00 PM
Steve's article (linked in this post) answers that question.
yeah, that's a real possibility. i'm not necessarily convinced she did the right thing. but i understand the strategy.
November 8, 2025 at 3:58 AM
yeah, that's a real possibility. i'm not necessarily convinced she did the right thing. but i understand the strategy.
If a single Supreme Court Justice denies an administrative stay application, the losing party may renew their request to another Justice.
Basically, the stay was getting issued tonight. Jackson issued it on her terms instead of Alito's.
Basically, the stay was getting issued tonight. Jackson issued it on her terms instead of Alito's.
November 8, 2025 at 3:48 AM
If a single Supreme Court Justice denies an administrative stay application, the losing party may renew their request to another Justice.
Basically, the stay was getting issued tonight. Jackson issued it on her terms instead of Alito's.
Basically, the stay was getting issued tonight. Jackson issued it on her terms instead of Alito's.
If a single Supreme Court Justice denies an administrative stay application, the losing party may renew their request to another Justice.
November 8, 2025 at 3:47 AM
If a single Supreme Court Justice denies an administrative stay application, the losing party may renew their request to another Justice.
"with dispatch" just means quickly
November 8, 2025 at 3:42 AM
"with dispatch" just means quickly
the government cannot appeal an acquittal.
November 6, 2025 at 10:27 PM
the government cannot appeal an acquittal.