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07-22-2003, 11:16 AM | #1 |
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Deny cert - question of mechanics
When the Supreme Court denies cert, is the vote routinely revealed? Is the way each justice votes revealed?
If the answer is "sometimes", what controls this? |
07-22-2003, 04:21 PM | #2 |
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You can peruse the last couple of years' worth of orders here. One occasionally reads that a justice took no part in the certiorari decision, but I've never seen a poll or mention of dissenters. Sometimes you will read that certain justices disagreed with denial of an associated application for stay of execution.
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07-22-2003, 09:29 PM | #3 |
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It takes four votes to grant cert. A justice almost never dissents from this, but on the very rare occassions when it happens, you know when one, two or three justices would have granted cert. For example, there are one or two examples of three liberal justices dissenting and saying that they would have granted cert in death penalty cases in order to overrule a case upholding the death penalty in some circumstance or another (execution of minors is one, I believe). When three justices dissent, you know which six voted to deny it. When one or two dissent, you don't know.
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