During oral arguments in Dart Cherokee Basin Operating Co. v. Owens, Justice Scalia referred to cases he would rather not name, where the Court denies certiorari, as a failure to correct a clear error of law.
JUSTICE SCALIA: Well, I guess it’s an abuse of discretion whenever we fail to correct a clear error of law on a petition for certiorari. Right? And I’m 24 not going to mention any names, but is that the case? It’s an abuse of discretion. I thought we just had the power to say we don’t feel like taking it.
I wonder what cases he could possibly be talking about? Now, there were no laughters indicated on the transcript, but I’ll wait for the audio to check.
H/T Jacob Berlove