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codingatty
  • Member for 7 years, 6 months
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Where to find brief for Jaffe vs Roberts
@Raffamaiden, I have his brief in the Ninth Circuit; the caption on it lists all the justices' names, including Scalia. BTW, just to nitpick myself; I should have said they're named as respondents, not as defendants, but that doesn't change the principle.
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Where to find brief for Jaffe vs Roberts
@Nate: the suit named as defendants all nine Supreme Court Justices who were then on the bench, including Scalia; so the eight surviving justices were all disqualified. 28 USC § 1 requires at least six justices to hear a case; and with everyone but Gorsuch disqualified, they had a ready-made basis for dismissal. BTW, unfortunately, the Supreme Court's not on PACER, so the documents aren't available there. I presume SCOTUSBlog gets them the old fashioned way, buy having someone get a copy from the court in person.
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