On this morning's @StrictScrutiny_ , @steve_vladeck questions whether Justice Barrett knew the identities of the SB4 merits panel at the time she issued her cryptic concurrence in the Supreme Court's order. As he notes, if she knew the panel 1/
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And had confidence that her gentle encouragement would work to spur the Fifth Circuit to act, then that opinion becomes pretty savvy. How could she have known the panel? That's a big shruggy for me. I have no idea what information SCOTUS has on their computers.
@RMFifthCircuit @StrictScrutiny_ @steve_vladeck Isn’t her concurrence an implied rebuke of the motion panel’s ruling procedural hand-off, as well?