Is No News Bad News?

Although the usual suspects haven't yet noted this, there's nothing in today's Order List re: Padilla, which was re-distributed for Conference last Friday. That leads me to think that one of two things is true:

1. They're holding it for Justice Alito, which seems odd, since it's hard to imagine a scenario in which he's the fourth vote for cert.
2. There's a three-justice (Stevens, Souter, Ginsburg) dissent from a Munsingwear order -- grant, vacate, remand with instructions to dismiss -- forthcoming.

Neither bodes particularly well for the chances that the Court will take the case. Then again, I thought the same about Hamdan, which was re-listed _five_ times, as I noted here.