I know exactly what I’m talking about. Why is it so hard to admit you are wrong?
Rule 23 governs stays, but Rule 22 is how they are handled with regard to applications for a stay to individual justices. If you lose with one justice, you can ask another. And it works exactly as I described. And it almost never goes beyond that first justice for exactly the reasons I said. And yes, a circuit justice, not circuit judge, is a way to refer to a Supreme Court justice assigned to a particular circuit.
I’m 100% correct. I feel bad you can’t admit error.
Good bye.
Between the Qtardness and the inability of even smart people to discuss things based on reality, this site is becoming pointless. I appreciate everything Jim has done, but it’s time for me to leave. Take care.
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.
Please remind me who the "he" is, you are referring to
at the SCOTUS. This was a woman, Justice Sotamayor.
Thanks in advance.
I'm one of the keepers of the FR keys on the federal courts. I like to attach a name to the faceless "a federal judge today ruled", their particular court, who appointed them, and the Senate confirmation vote.
There is a "circuit justice" attached to every appeals court:
John Roberts:
DC Circuit
Fourth Circuit
Federal Circuit
Stephen Breyer:
First Circuit
Sonia Sotomayer:
Second Circuit
Samuel Alito:
Third Circuit
Fifth Circuit
Brett Kavanaugh:
Sixth Circuit
Eighth Circuit
Amy Coney Barrett:
Seventh Circuit
Elena Kagan:
Ninth Circuit
Neil Gorsuch:
Tenth Circuit
Clarence Thomas:
Eleventh Circuit