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We’re less than 90 minutes from Justice Alito’s entirely arbitrary 5 p.m. deadline for his administrative stays in the mifepristone case. As I explained last week, Alito is the only justice who regularly imposes these time limits—and he only does it in cases in which he doesn’t like the applicants:
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Two procedural moves by the justices on Monday reinforce criticisms that the Court behaves differently in otherwise similar cases based solely on the ideological/partisan valence of the dispute.
www.stevevladeck.com
226. Two More Data Points for the Inconsistent Court
Steve Vladeck