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/
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.
Nor do I know if J. Barrett would have looked at that, or thought about particular judges in that way. But it does help explain why she would write an opinion that (a) was obvious to me was intended to have a particular effect; but (b) did not tell anyone to do anything
@RMFifthCircuit Judge like in the non-legal sense of the term which makes sense.