Anonymous wrote:
Anonymous wrote:https://www.supremecourt.gov/orders/courtorders/022024zor_7647.pdf
You have to scroll down all the way to the bottom to page 30 of 39 to find Justice Alito's dissent, with which Justice Thomas joined. Notably, Justice Gorsuch had originally indicated that he would grant the vacatur request from a couple of years ago but voted this time around not to hear the case.
It is refreshing that this matter has finally come to an end, and decisively with four conservatives (and all three Trump appointees!) choosing not to hear the case. I only wish that we had an opinion from, say, Roberts or Kavanaugh that explained their decision not to hear it. Would be nice for the Coalition - who can now officially be referred to as a Lost Cause and a failed enterprise - to receive one final rhetorical death blow.
FYI— although Gorsuch didn’t join Alito’s dissent you can’t really assume he voted against hearing the case. We know at least six justices voted against hearing the case and Alito voted to hear it, but we don’t know if there were 1,2, or 3 justices voting to hear it. [/quote]
Utterly false. They don't vote AGAINST a case in chambers. Petitions for cert must get four justices to vote to hear the case. That didn't happen here. The fact that Alito wanted to chat about it is something Justices do from time to time to signal what they want to see in a better formed appeal in a later case. Some justices are interested in particular issues and might opine something, but most lawyers with sCOTUS experience will tell you that this is just one of 8,000 to 10,000 petitions for writ of certiori that didn't get the four justice vote. That's all it signifies