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<p>[QUOTE="V. Kurt Bellman, post: 2706559, member: 71723"]Just to give you an idea what this case is up against at conference, the conference docket has well over 250 cases on it. Maybe 4 to 6 will be accepted. I strongly suspect that clerks do a lot of this prep work and the most time will be spent on cases for which they have 3 solid votes for certiorari and in which Gorsuch might make the difference as the fourth.</p><p><br /></p><p>This particular conference will almost certainly result in "rehearing orders" for cases in which the 8-member Court was deadlocked, further reducing the Langbord case's chances.</p><p><br /></p><p>What you need to understand is that the SCOTUS doesn't necessarily take cases where a court below "got it wrong". They are much more likely to take cases where a significant federal issue is involved (this case HAS that element), and for which the Circuit Courts below have split on a key finding. Because this is a uniquely Philly case, and ONLY the Third Circuit has ever considered it, there is no Circuit split.[/QUOTE]</p><p><br /></p>
[QUOTE="V. Kurt Bellman, post: 2706559, member: 71723"]Just to give you an idea what this case is up against at conference, the conference docket has well over 250 cases on it. Maybe 4 to 6 will be accepted. I strongly suspect that clerks do a lot of this prep work and the most time will be spent on cases for which they have 3 solid votes for certiorari and in which Gorsuch might make the difference as the fourth. This particular conference will almost certainly result in "rehearing orders" for cases in which the 8-member Court was deadlocked, further reducing the Langbord case's chances. What you need to understand is that the SCOTUS doesn't necessarily take cases where a court below "got it wrong". They are much more likely to take cases where a significant federal issue is involved (this case HAS that element), and for which the Circuit Courts below have split on a key finding. Because this is a uniquely Philly case, and ONLY the Third Circuit has ever considered it, there is no Circuit split.[/QUOTE]
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