Reply #60: Four votes would be enough to take the case [View All]

By longstanding practice, the Supreme Court grants a writ of certiorari (i.e., agrees to hear the case) if four Justices favor doing so.

The hardcore right-wing four, though, are canny strategists. They might decide not to take the case if it became clear that Justice Kennedy would vote against them. They'd probably prefer to leave the question hanging around as fodder for the lunatic right, as opposed to having it fully argued and then resolved in Obama's favor.

Donofrio is also asking for a stay of the Electoral College votes. To get that, he would indeed need five votes on the Court. The special rule about four Justices applies only to grants of certiorari.