The Court Splits 5-4 on Docket Number 666
Trump’s emergency application to stay his sentencing has the docket number 24A666. Sometimes, the truth is stranger than fiction.
The Court denied the application by a 5-4 vote. Justices Thomas, Alito, Gorsuch, and Kavanaugh would have granted the application. Based on the math, we know that Chief Justice Roberts and Justice Barrett voted to deny the application. In the past, I’ve described the current composition as a 3-3-3 Court on the shadow docket. But for the emergency docket, I think we now have a 5-4 court. I think Justice Kavanaugh has shifted a bit. This same-split arose in the razor wire case last year. Justice Barrett is opposed to granting emergency relief (unless the case comes from the Fifth Circuit), while Justice Kavanaugh recognizes the importance of emergency relief. Going forward, I think Roberts and Barrett will consistently vote against Trump on the emergency docket, even if they might rule for Trump on the merits docket.
To the majority’s credit, there is a brief explanation why the stay was denied. Two reason are offered.
Application (24A666) for stay presented to Justice Sotomayor and by her referred to the Court is denied for, inter alia, the following reasons. First, the alleged evidentiar
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