Breaking: Justice Alito Denies Emergency Stay in Pa. Congressional Districting Case

I called it a long shot, but had doubts when Justice Alito delayed things and asked for a response, but now the Justice has denied the request without referring it to the full court.

Failure to refer usually means the Justice has calculated that the other Justices would not be likely to grant a stay. It is very unusual for these measures not to be referred, but I’m guessing Justice Alito knows that if he was not convinced, the chances of getting to five were very small.

Still pending is the stay request in the North Carolina racial gerrymandering case. But the PA case has more national implications.

Justice Alito’s denial of the stay in the Pa Congressional redistricting case is a reminder that it is NOT all partisan politics at the Court. If it were, surely J. Alito would have ruled to help Republicans in their Pa House races in 2018.

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