Bench Memos

NRO’s home for judicial news and analysis.

Egg On My Face This Time


Professional and personal peregrinations have hampered my blogging of late, but I should take a moment at this, my first opportunity, to note that I was simply negligent in my recent comments on the Supreme Court’s rules regarding petitions for rehearing.  As a couple of correspondents wrote to correct me, the Court explicitly says in rule 44.1 that “[a] petition for rehearing . . . will not be granted except by a majority of the Court, at the instance of a Justice who concurred in the judgment or decision.”  In answering Andy McCarthy’s query about this eleven days ago, I just let my eyes pass over that line in the rules without taking it in.  My thanks to my sharper-eyed colleages.


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