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FBaggins

(28,744 posts)
4. It's still an open question whether it's better to try anyway
Mon May 11, 2026, 06:51 PM
Yesterday

If it's granted cert and we lose 6-3 with a well-written dissent... I'd call that a win at least from a PR standpoint.

But if it's bounced back without even a dissent (or perhaps a solo dissent from KBJ)? That weakens our argument.

Of course - this isn't even the petition for cert. It's an emergency request to stay the SCOVA decision while the state prepares to petition for cert. I'm honestly not sure what the rationale is here (and I've read it). The primary isn't until early August. It's hard to argue that they'll suffer irreparable harm if SCOTUS doesn't pause the ruling for a week or two while they prepare their brief.

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