Josh Blackman | 1.10.2025 2:29 AM

Trump's emergency application to stay his sentencing has the docket number 24A666. Sometimes, the truth is stranger than fiction.

The Court denied the application by a 5-4 vote. Justices Thomas, Alito, Gorsuch, and Kavanaugh would have granted the application. Based on the math, we know that Chief Justice Roberts and Justice Barrett voted to deny the application. In the past, I've described the current composition as a 3-3-3 Court on the shadow docket. But for the emergency docket, I think we now have a 5-4 court. I think Justice Kavanaugh has shifted a bit. This same-split arose in the razor wire case last year. Justice Barrett is opposed to granting emergency relief (unless the case comes from the Fifth Circuit), while Justice Kavanaugh recognizes the importance of emergency relief. Going forward, I think........

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