Clarence Thomas blocks order to have Lindsey Graham testify against election meddling

[mmascari]

@danimagoo

There is a standard of judgment Justices are supposed to be using to decide whether or not to grant these emergency stays. It’s a two part analysis, and the first step is supposed to be the likelihood of the case eventually being ruled in the moving party’s favor. If there’s a reasonable possibility it could be ruled in their favor, you grant the stay, especially if (and this is part 2 of the analysis) that party would suffer some kind of harm if the stay is not granted. However, if there is almost no chance the party will be successful in their lawsuit, they don’t usually grant the stay. That’s what the 11th Circuit Court of Appeals said here.

In the case of SCOTUS vs some other court, isn’t there a third reason too. If they want the entire court to issue an opinion with multiple justices signed on in the majority.

The administrative stay isn’t the same same as a stay until a full argument and ruling is done by SCOTUS. I assume that’s why they call it out as an “administrative stay” and not just a “stay”.

Now, if they release a full stay and agree to take up the case with a majority of justices, that would be a huge travesty.

@danimagoo

Thomas, as everyone here seems to agree, is conflicted. He could have avoided this entire controversy by recusing himself, or by letting the entire Court make the decision on the emergency stay request.

I think it’s safe to say that every commenter here would prefer Thomas to recuse himself.