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« So true! | Main | SAF brief on ATF's unfinished firearms rule making »

NY challenge: Supreme Ct denies stay of stay

Posted by David Hardy · 11 January 2023 09:17 AM

Unsigned ruling here. Justices Alito and Thomas add their opinion:

"I understand the Court's denial today to reflect respect for the Second Circuit's procedures in managing its own docket, rather than expressing any view on the merits of the case. Applicants should not be deterred by today's order from again seeking relief if the Second Circuit does not, within a reasonable time, provide an explanation for its stay order or expedite consideration of the appeal."

1 Comment | Leave a comment

Eldon W Dickens Jr | January 11, 2023 10:11 PM | Reply

Say what? Stay what? Yes, I have a prejudice against judges and the judiciary in general which limits my familiarity with the species and its environment, thus confessing, must also share that it almost always sounds as if they are hiding their tracks and trails. In this case, it sounds like Alito and Thomas are hoping that no one presumes the case has been killed.
My first year in law school, the school initiated an uncredited class on discovering the "finding" in judges' opinions. Amazing experiences to hear the prof ask over and over that the L1s find one, without any real input, and then have to try to explain it himself. The real problem: the Federalist Founding Fathers just presumed that a judiciary like that which served tyrants/aristocracy would serve a democracy/representative republic. Of course, they could not have anticipated a mass democracy.

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