- Aug 29, 2016
- 763
I still don't understand how they did not get 4 votes for cert. Obviously Thomas and Gorsuch voted for it. Where were Roberts and Alito? Where were the liberal justices? I would assume they would vote for cert so they could uphold the 9ths ruling. And if, as some suggest, there is some magical agreement to reject cert until conservatives are certain they can win the case (which I think is wishful thinking) then why did Thomas and Gorsuch dissent?
My guess is because Thomas and Gorsuch are more principled. They don't want the court playing games. If granting cert means that bad laws are upheld, that's better than leaving it in limbo. I'm a bit surprised about Alito though. Roberts is a POS, and we all know that. But Alito generally is principled and doesn't care what the left thinks of him.