Why didn’t Justice Kennedy refer the Prop 8 emergency petition to the entire Court?

June 30th, 2013

He acted very quickly. The petition was filed last night, and it was denied today. I doubt we will ever find out why. I mean, yesterday the Chief was in West Virginia at the 4th Circuit Judicial Conference, and Justice Kagan was in Aspen. Certainly the others could have been reached. Lest we not forget how vigilant Circuit Justice Kennedy was during the 2000 presidential election. I wonder if we’ll see a concurral from the denial of reconsideration.