Ryan, I just saw this comment. Since the game is over now and we all know the outcome, it's not exactly fair for me to predict inevitable victory, but that's what I would have done had I been paying more attention to this thread over the weekend. ;-) Anyway, GO BUCKS!
(We have our work cut out for us this week against Wisconsin without either our first or second string QB, but crazier things have happened.)
Ok, you've piqued my curiosity. Why is that?
I'm not saying that SCOTUS itself will stay the pending cases, but that the courts before which they are pending at such time would very likely do so, either upon motion of one or both of the parties or sua sponte.
No, if SCOTUS grants cert, I expect all pending cases will be immediately stayed, and that will likely occur in early-to-mid-January.
I wouldn't put it past Graves to have slipped that in on purpose! Either way, good for him.
I agree it's silly, but Arizona is hoping that SCOTUS will uphold Judge Sutton's opinion so they can then use that newly-minted Supreme Court precedent to win in the Ninth Circuit. The odds seem stacked against them at this point, but that's what's happening.
I don't think this means the rulings are stayed, just the appeal proceedings. Therefore the district court's decision and order overturning the Arizona ban will continue to be enforced while the appeal just sits at the Ninth Circuit waiting for SCOTUS to act on DeBoer.
The plaintiffs tried that after the denials of cert and the district court judge declined to lift the original stay. They could theoretically try again, but might not want to go back to the judge a second time.
Actually, in the past when the applicants sought a stay of a district court ruling prior to an appellate ruling from the circuit court (e.g., Kitchen v. Herbert), SCOTUS has granted the request. The denials of cert may have changed that paradigm, but it hasn't been tested until now.
Yes, he needed to respond. I don't think anyone disputes that. However, he was not forced to agree with our side in supporting a grant of cert. Obviously he wants SCOTUS to uphold the Sixth Circuit's decision if it does grant cert, but Schuette also could have opposed the granting of cert altogether.
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