Bench Memos

NRO’s home for judicial news and analysis.

Re: Alito at Work


Jonathan, I agree with you that it would be insignificant if Alito did vote not to vacate the Eighth Circuit’s stay. Just to clarify my earlier point: As I see it (and I invite correction from anyone more knowledgeable about the practices of the Supreme Court’s clerk’s office), the order entered in the case would be the same whether or not Alito voted. In either event, the order would not state that Alito did not participate because he did participate: the application was initially filed with him and he referred it to the full Court.


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