President Trump's SCOTUS Stay Request Countdown
Rule 22 of the Supreme Court of the United States pertains to applications to individual Justices, including requests for stays.
As President Trump awaits the emergency interlocutory stay request at the Supreme Court, America is waiting with abated breath. Below is the Supreme Court procedural process when considering emergency requests.
Cornell Law School Rule 22 of the Supreme Court of the United States pertains to applications to individual Justices, including requests for stays. Here's a concise overview:
Submission: An application for a stay under Rule 22 must be filed with the Clerk of the Supreme Court, who then promptly transmits it to the concerned Justice. These applications are typically directed to the Circuit Justice assigned to the circuit from which the case arises. If that Justice is unavailable, the application goes to the next junior Justice available.
Documentation: The application must include the original and two copies, prepared according to Rule 33.2, with proof of service as required by Rule 29.
Content: The application should clearly state why the relief sought cannot be obtained from any other court or judge, except in extraordinary circumstances, and must include specific reasons justifying a stay, along with copies of relevant orders or opinions from lower courts.
Renewal: If initially denied, a renewed application to another Justice is possible but not favored unless the initial denial was without prejudice. The process for renewal involves a letter to the Clerk specifying the Justice to whom the renewed application is directed.
Referral: A Justice may choose to refer the stay application to the full Court for determination, especially in significant cases. Notification: The Clerk informs all parties of the disposition of the application by appropriate means. This rule ensures that emergency actions like stays are managed efficiently by individual Justices, with provisions for escalation to the full Court when necessary.
The countdown at the Supreme Court is quickly approaching to the one second mark wondering whether President Trump will be granted an emergency interlocutory stay before his scheduled court sentencing appearance at 10:00 a.m. tomorrow. The country is waiting with abated breath for the denouement.