I realize that one judge can try to bat these cases down,
but it was my take that you still had the option to demand
a full court hearing.
I don’t think she can block that.
The other justices may agree with her, but that needs to
be seen for this to be put to rest for final.
At least I believe that to be true.
Rule 23 of the Rules of the Supreme Court governs Stays. That’s what this was a request for.
The merit case has to work its way through the lower courts, and the mandate goes into effect in the interim because the stays have been denied.
I would hope so. Good God, one single justice should not be the final say on something like this...
So, how it works is this:
It goes to the circuit justice. He can either decide to refer it to the full court (with a recommendation, but that’s behind the scenes stuff we don’t see) or handle it himself. If he handles it himself and says no, then yes, you can ask another justice. That justice has the same options. And it continues. So, yes, technically. the whole court can be asked. But that rarely happens because a justice is going to refer any matter that is debatable to the full court. Usually only the slam dunks are handled by individual justices. So most people get the hint. And those that don’t are going to be referred by the second justice to the whole court because obviously it isn’t going to stop until the hint is smacked over the head.
BTW, it’s extremely rare for the whole Court to go against an individual justice’s public action. (Not the same as that secretive recommendation.) We are talking a justice has had a stroke and is issuing crazy stuff rare.