Do we know what SCOTUS justices granted cert on Heller & Mcdonald?

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Aim1

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If all of the current justices that are on the court now besides Scalia were the ones that voted to grant cert on Heller v. D.C. and McDonald v. City of Chicago and Scalia was one of those votes, then hopefully Gorsuch would replace Scalia's vote and 3 others who voted to grant cert on those two previous cases would be enough to grant cert on the upcoming Peruta v. County of San Diego.


Do we know what justices voted to grant cert on Heller v. D.C. and McDonald v. City of Chicago?
 
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That's a good question; I can't actually recall ever seeing a tally of a cert vote. Is it a secret ballot (I could see them doing that so as to frustrate cert strategies by litigants)?

Ah; here you go;
http://www.latimes.com/opinion/op-e...otus-anonymous-certiorari-20141007-story.html
Every year the justices of the U.S. Supreme Court are faced with about 7,500 writs of certiorari seeking appellate review of lower court decisions, granting only 75 to 80. It takes four justices to grant a writ, though amazingly that rule is nowhere written down and the justices could change it at any time.

When the Supreme Court votes on whether to grant a writ of certiorari, it doesn't reveal which justices voted in favor of or against hearing the case (unless a justice writes a dissent, which is highly unusual).
Unlike the op-ed's writer, I don't think it is particularly valuable for an impartial court to telegraph which if any of its members are interested in taking up certain topics until a review is a done-deal via granting cert. I'm sure the info would be useful...but not to the purposes of liberty ;)

TCB
 
That's a good question; I can't actually recall ever seeing a tally of a cert vote. Is it a secret ballot (I could see them doing that so as to frustrate cert strategies by litigants)?

Ah; here you go;
http://www.latimes.com/opinion/op-e...otus-anonymous-certiorari-20141007-story.html

Unlike the op-ed's writer, I don't think it is particularly valuable for an impartial court to telegraph which if any of its members are interested in taking up certain topics until a review is a done-deal via granting cert. I'm sure the info would be useful...but not to the purposes of liberty ;)

TCB


That's a good point. I thought maybe someone said it was a hidden vote.
 
It'd sure be funny if Heller was actually a miscalculation by the four antigun justices counting on Kennedy's help; would sure change Gura/etc's calculus, too
 
It'd sure be funny if Heller was actually a miscalculation by the four antigun justices counting on Kennedy's help; would sure change Gura/etc's calculus, too


True. But Gorsuch would most likely rule similar to Scalia so they'd be wise to it now.
 
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