The court didn’t accept the case, they rejected it on Jan 9 2023 and then on Feb 21 refused Brunson’s request that they reconsider the initial rejection.
Understood. But, wouldn't they have ruled or sent back to the lower courts? The position is that the case is still in SCOTUS and they can can bring it up at anytime. I'm no legal scholar, but it's been done before. Cases sit in limbo for years.... Backlogs and all.
They could have left it in limbo, but that would have been a relist which isn’t what happened here.
They could have sent it back to the lower court, but they do that by granting cert, then after oral argument releasing an opinion explaining what the lower court got wrong and directing the lower court to act in accordance with the opinion.
The court didn’t accept the case, they rejected it on Jan 9 2023 and then on Feb 21 refused Brunson’s request that they reconsider the initial rejection.
Brunson claimed that he had a rule 11 case, but the court disagreed. https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/22-380.html
Understood. But, wouldn't they have ruled or sent back to the lower courts? The position is that the case is still in SCOTUS and they can can bring it up at anytime. I'm no legal scholar, but it's been done before. Cases sit in limbo for years.... Backlogs and all.
They could have left it in limbo, but that would have been a relist which isn’t what happened here.
They could have sent it back to the lower court, but they do that by granting cert, then after oral argument releasing an opinion explaining what the lower court got wrong and directing the lower court to act in accordance with the opinion.
What they did, in the Jan 9 order (https://www.supremecourt.gov/orders/courtorders/010923zor_p860.pdf) is deny cert. That kills the case dead forever.