re: #206 majii

The Supreme Court has always been political, on some level. Adams’ midnight appointments and Marbury v Madison are early examples. Jackson allegedly saying “Chief Justice Mashall has rendered his decision, now let him enforce it” is another famous one. As was FDR’s court packing scheme.

Given the stakes involved in a Supreme Court decision, it makes sense that lawyers would consider not filing for cert with a vacancy. Every first year law student learns to read the court and prognosticate on how certain cases are likely to come down. Once the Court rules on an issue, it likely will remain precedent for at least a decade, so if there’s some uncertainty, it makes sense big picture to hold off.

Another part of all of this is the fact that the courts tend to be a venue of last resorts on some big political/constitutional issues - like civil rights.