Tuesday, January 08, 2008

Foerster relisted

Today's Supreme Court docket update indicated that Foerster v. United States, No. 07-359, has been relisted for the 11 January conference. Justice Ginsburg tells us this about relisting:
[T]he Court may relist a case for a later conference, because one or more of the justices wants to give further thought to his or her vote, or perhaps wants time to prepare a dissenting opinion disagreeing with the Court's decision to deny review.(It happens sometimes - indeed, it is the definition of success - that a dissent from a denial of review is never published, because the draft dissent, when circulated in-house, produces the very effect the writer seeks - it leads one or more justices to rethink the matter and supply the vote or votes necessary to grant review.)

Justice Ruth Bader Ginsburg, Workways of the Supreme Court, 25 Thomas Jefferson L. Rev. 517, 518 (2003).

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