 merrie says: Among the likely explanations for her action: * Ginsburg may have decided to share the decision on what to do with her eight colleagues, and they needed more time to think or talk about it. * Members of the Court may have decided that they wanted to give some explanation, or perhaps some may have decided to dissent and wanted a chance to prepare a statement saying so. In the meantime, it was her task, as the Circuit Justice, to impose a limited stay. * Ginsburg or the Court may be waiting to see how the Second Circuit explains its decision to uphold the terms of the sale. The Circuit Court issued no opinion on Friday, indicating that such an explanation would come “in due course,” although the expectation was that one or more opinions would emerge from those judges on Monday. The wording of Ginsburg’s order — “stayed pending further order” — is the conventional way by which a Justice or the Court carries out an action that is expected to be short term in duration, and not controlling — or even hinting at — the ultimate outcome. Any speculation that her order meant the Court was leaning toward a further postponement would be unfounded. The Circuit Court had given Ginsburg no option other than the one she chose if she wanted more time for herself or the Court to consider a large stack of filings for and against the idea of delaying the deal. Those papers began arriving at the Court electronically shortly before midnight Saturday and continued up until shortly be... |
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