Justice Scalia has asked redistricting plaintiffs to submit briefing on the state’s request for a stay of the interim state house and senate maps by 4 p.m. on December 1.
So is the request a harbinger of any sort? Probably not.
As explained in the backgrounder below, asking for briefing is not an uncommon step with Supreme Court stays, especially in high profile cases. In 2004, for example, the Supreme Court asked for briefs from the State of Texas in response to a request by minority groups and Democrats to stay the ‘DeLay map,’ even though the court ultimately rejected the stay request unanimously in a summary order.
Here’s more on the process of getting an emergency stay at the Supreme Court:
http://txredistricting.org/post/13153857831/backgrounder-getting-a-stay-at-the-supreme-court
Congressional maps. Precarious. Does that mean I can breathe again?