I'll trust that you're an experienced lawyer. my questions to you are:
why is the court allowing these amicus briefs if case truly denied?
when a case is truly dismissed there's no additional filings unless say the court wanted the parties to write the judgement for judge's review as i think happens rarely. the decision allows only a couple of specific state legislative groups to file.
what case info would SCOTUS want or need from any LOWER court, which appears to be the purpose of granting writ?
is it not possible that the judges will consider the case based only on the briefs once they are received? seems odd they wouldn't allow parties to file, but perhaps there's some genius legal maneuver here that leaves most black hats thinking the case is done
if nothing else we must admit it would be extremely strange to allow briefs BEFORE issuing a final decision
Sorry, in answer to the second part of your question, SCOTUS is an appellate court only; it doesn’t hold trials exactly, it only looks at questions of law on appeal from lower courts (except in very rare cases). So they are really interested in the decision of the lower court and the questions of errors of law that are presented. Those are the only things taken up by SCOTUS, not the entire case top to bottom, so they may only look at a narrow issue. That’s what they were doing here.
So the information they would need from the lower court is minimal, and would be alleged by the party appealing the ruling of the lower court: what is it that you think that the court got wrong in applying the law in that case?
In all likelihood the Amicus briefs have already been submitted. The parties who submitted them knew the Court would grant them leave (permission) to submit them so they submitted them in advance. They were considered along with the briefs of each party in making the determination whether to grant cert. That is likely all the Justice looked at before giving his/her opinion to the other Justices.
Submitting Amicus briefs is VERY common is SCOTUS cases, especially high profile ones. I only worked on one, and it was to submit an Amicus brief. The Court considers them but of primary importance are the briefs of the parties....Amicus briefs are really not that important.
I'll trust that you're an experienced lawyer. my questions to you are:
when a case is truly dismissed there's no additional filings unless say the court wanted the parties to write the judgement for judge's review as i think happens rarely. the decision allows only a couple of specific state legislative groups to file.
is it not possible that the judges will consider the case based only on the briefs once they are received? seems odd they wouldn't allow parties to file, but perhaps there's some genius legal maneuver here that leaves most black hats thinking the case is done
if nothing else we must admit it would be extremely strange to allow briefs BEFORE issuing a final decision
Sorry, in answer to the second part of your question, SCOTUS is an appellate court only; it doesn’t hold trials exactly, it only looks at questions of law on appeal from lower courts (except in very rare cases). So they are really interested in the decision of the lower court and the questions of errors of law that are presented. Those are the only things taken up by SCOTUS, not the entire case top to bottom, so they may only look at a narrow issue. That’s what they were doing here.
So the information they would need from the lower court is minimal, and would be alleged by the party appealing the ruling of the lower court: what is it that you think that the court got wrong in applying the law in that case?
In all likelihood the Amicus briefs have already been submitted. The parties who submitted them knew the Court would grant them leave (permission) to submit them so they submitted them in advance. They were considered along with the briefs of each party in making the determination whether to grant cert. That is likely all the Justice looked at before giving his/her opinion to the other Justices.
Submitting Amicus briefs is VERY common is SCOTUS cases, especially high profile ones. I only worked on one, and it was to submit an Amicus brief. The Court considers them but of primary importance are the briefs of the parties....Amicus briefs are really not that important.