Yes, only four justices have to agree for the case to go forward when they meet on the 5th Dec.:
----------------------------------------------------
| No. 08A407 |
|
| Title: |
| Leo C. Donofrio, Applicant |
| v. |
| Nina Mitchell Wells, New Jersey Secretary of State |
|
| Docketed: |
|
| Lower Ct: |
Supreme Court of New Jersey |
| Case Nos.: |
(AM-0153-08T2 at the New Jersey Appellate Division without a docket number) |
| ~~~Date~~~ |
~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ |
| Nov 3 2008 |
Application (08A407) for stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Souter. |
| Nov 6 2008 |
Application (08A407) denied by Justice Souter. |
| Nov 14 2008 |
Application (08A407) refiled and submitted to Justice Thomas. |
| Nov 19 2008 |
DISTRIBUTED for Conference of December 5, 2008. |
| ~~Name~~~~~~~~~~~~~~~~~~~~~ |
~~~~~~~Address~~~~~~~~~~~~~~~~~~ |
~~Phone~~~ |
| Attorneys for Petitioner: |
|
|
| Leo C. Donofrio |
P.O. Box 93 |
|
|
|
East Brunswick, NJ 08816 |
|
| Party name: Leo C. Donofrio |
Yes, only four justices have to agree for the case to go forward when they meet on the 5th Dec.Scalia, Thomas, Roberts, Alito. These guys are our only hope. If it goes forward, there is no question Obama will have to provide the BC to the full court.