This is the interesting part. Why not grant the injunction and then hear the case in the ordinary course?

Well, it takes four votes to grant certiorari. But it takes five votes to grant the injunction. That reads to me like there wasn't a fifth vote. Speculation, of course, but this is unusual.
Reposted from Gabriel Malor
One interesting thing here, at least to me, is that the justices decided to do this on a hyper-accelerated schedule rather than issue a stay.

Of note, it takes four votes to grant cert. It takes five votes to grant a stay. Feels like we've got a live one.

Comments