[Reaganwuzthebest]

Right I know but there was still no guarantee Scalia would have accepted it.

Just saying that while the anger may be justified Donofrio shouldn't overreact right now because he's got his own case going and it's important to go forward with it. And they can still try to get Cort's paperwork there directly and bypass whoever is playing games.

[unspun]

Just saying that while the anger may be justified Donofrio shouldn't overreact right now because he's got his own case going and it's important to go forward with it. And they can still try to get Cort's paperwork there directly and bypass whoever is playing games.

That depends upon what the deadline is/was.

Also:

1. The entire SCOTUS referred Donofrio v. Wells to conference, after Justice Thomas received it.

2. Wrotnoski v. Bysiewicz is meant to complement (in one way or another) the Donofrio suit and in Donofrio's opinion, presents a case more likely to be heard.