The order list published this morning by the United States Supreme Court shows that it still has taken no final action on the petition for review in No. 13-449, The Falls Church v. Protestant Episcopal Church in the United States of America, et al. Under its rules, the Court grants certiorari when at least four of the nine justices are interested in a given case; it takes five justices to make a majority. The postponement can mean only that either the justices are still discussing what disposition will be made of the case, or that there are one or more dissents from what has been decided (but not yet announced). If the latter is the case, we will eventually learn that less than four justices voted to grant review, and that they were taking the time to write a dissent to be published with the announcement.
As soon as the Court updates the docket sheet, we will have a better idea of which of these alternatives may be the case. The Court's next conference is this Friday, March 7.
As soon as the Court updates the docket sheet, we will have a better idea of which of these alternatives may be the case. The Court's next conference is this Friday, March 7.
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