What was the count in SCOTUS Penn case

[brettdale]

I gather not 9-0.

[Abnredleg]

1. There was no breakdown of votes /NT

[The Velveteen Ocelot]

2. it was only Justice Alito denying an emergency petition.

It wasn't the sort of proceeding that would go to the full court. Kelly was trying to beat the clock on the safe-harbor deadline, and Scalia, the justice assigned to emergency matters arising in PA, wouldn't let him do it.

[flor-de-jasmim]

7. Alito, presumably -

[onenote]

15. Not so. It was referred to the entire court by Alito and it was a decision of the court.

Standard operating procedure to refer to the court and standard operating procedure to deny in one line order. The fact no justice noted their dissent doesn't mean there weren't any -- but we'll never know.

[The Velveteen Ocelot]

16. Yes, I see that now that I've read the order.

Glad to see they've pounded a stake in the thing's heart even if we'll never know who did it.

[C_U_L8R]

3. With no dissents, it sounds like nine-nothing

[The Velveteen Ocelot]

5. It didn't go to the full court as such. It was presented to Alito on an emergency petition.

By "referred to the court" it basically means that they considered it, but they wouldn't write opinions or sign off individually, so there wouldn't be a head count.

[C_U_L8R]

6. You mean Alito.

I heard different reporting that the court did weigh in and Alito was simply the manager/point person.
Either way, it's dead.

[The Velveteen Ocelot]

9. Fixed, I always got those two mixed up even though Scalia is still dead.

Now that I've had a chance to read the order I see that it was considered by the full court, though probably not by Scalia.

[C_U_L8R]

10. It was funny :-)

[BumRushDaShow]

13. I hope you called him "Scalito"

because I know that was posted on DU before.

[Nevilledog]

8. Full court, no public dissents

Link to tweet

[The Velveteen Ocelot]

11. So it looks like they decided to handle it as the full court in this case, probably

to pound a stake through its heart.

[Nevilledog]

12. I think that's a really good assumption.

[brush]

14. The court didn't screw around with the foolishness, as shown by the one sentence denial.

Sweet!

[hlthe2b]

4. Here is the curt statement that does not imply either way, but I'd bet it WAS 9-0

Link to tweet

[mcar]

17. You gather wrong

It was 9-0.

[onenote]

18. Maybe. But not necessarily.

The absence of any noted dissents doesn't mean there weren't any. This sort of one sentence order without noting the presence or absence of dissents is standard operating procedure in dealing with requests for emergency relief that get referred to the entire court.