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Monday, January 23, 2006

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.

Posted by Steve Vladeck on January 23, 2006 at 05:37 PM in Constitutional thoughts, Current Affairs, Steve Vladeck | Permalink


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