Is there any evidence (such as from the Justices’ papers) that they have any concern about filling their argument slots? Is it perhaps true that, until the long-time Justices have a better sense of how the new Justices are going to vote, they are going to be cautious about what they bring up for decision?

Perhaps what we are seeing is the ultimate consequence of the cert pool. If there is no possibility to grab a Justice’s attention, how are they ever going to grant an exceptional case that does not meet the well-understood criteria?

Roger Friedman