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Tuesday, June 15, 2021 10:55:26 AM
Do you have an idea how often this happens?
The most recent case granted cert (20-828) was scheduled, then was rescheduled for the following conference, wherein it was granted cert.
Same with the previously granted cert case (20-915).
Same for two of the previous three granted cert (19-392, 20-1009), the exception being a capital case. Of course, 19-1392 (Dobbs) was rescheduled 22 times before being granted.
The dynamic may change a bit at the end of the term where they are running out of conferences, but in the normal course of business it seems like the justices like to give a good airing of these cases at their conferences before accepting; maybe even using the penultimate conference to lay down instructions to their clerks to dig a little deeper on some issues within specific cases. Dobbs is different – a stare decisis decision is at stake and until Barrett joined the court they didn’t seem eager to revisit a major abortion case.
So, 4 of the last 5 cases granted cert were not granted that decision at their originally scheduled conference. What this doesn't tell us is how many cases are re-distributed but not granted cert.
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