Mon. AM: Keeping an eye on #SCOTUS to see if any movement on Utah's #SSM request. Expecting Sotomayor to refer to full court, but we'll see.
— Michelle Olsen (@AppellateDaily) January 6, 2014
...If she denies, Utah could renew its request to "any other Justice," under #SCOTUS Rule 22.4.
— Michelle Olsen (@AppellateDaily) January 6, 2014
...Another reason referring to the full Court is likely. Denying just passes the buck to another justice. If UT can pick, my $ is on Scalia.
— Michelle Olsen (@AppellateDaily) January 6, 2014
...Would Sotomayor rather pass to the full Court or Scalia on this issue? Again, I think full Court is likely.
— Michelle Olsen (@AppellateDaily) January 6, 2014
The importance of the same-sex marriage issue also makes it likely that Justice Sotomayor will refer Utah's stay request to the full Court.
Update from Adam Charnes, who clerked for Justice Kennedy:
@AppellateDaily By tradition, if 1 justice denies and it is resubmitted to a 2nd justice, the 2nd justice refers it to the entire Court
— Adam Charnes (@AdamCharnes) January 6, 2014
This tradition is one more reason Justice Sotomayor will likely refer the request to the full Court. Why add paperwork when the request will probably end up with the full Court anyway?
Second Update: Justice Sotomayor referred the matter to the full Court, which granted the stay (here).
Third Update:
Re discussion earlier today on #SCOTUS apps, example of tradition bucked (2nd justice didn't refer to Ct) via @EQCF http://t.co/Yf7pD4FCW2
— Michelle Olsen (@AppellateDaily) January 7, 2014
