This is a well-known problem. And it is a fucking problem because clerks for some leftist like Sotomayor can choose cases to bring to the full court for a vote. The clerks control the flow. Which NOT how it was ever interned to work. For what it's worth, Alto doesn't participate in the cert pool.
They all go teach during the recess. So it's completely appropriate and ethical.
Just saw that Gorsuch doesn't either. Good. Hope Kavanaugh (and RBG's replacement) follows suit as well. This fuckin laziness on the part of the highest court in the land is just…bleh. Do your fucking jobs. Yeah we get that you're overworked and have thousands of cert petitions in front of you, but ffs at least task their own clerks for this and everyone brings their own list of cases of interest when conferencing. Not trusting Ginsburg's clerks or Sotomayor's clerks.
That claim aged well
Thomas and Scalia (and now Gorsuch) have been angry about the court not taking cases that would resolve circuit splits (different circuits ruled differently on exact same issue(s)) and taking cases where there is no circuit split. Carry outside the home is one. Ninth said there's a right (dunno for how long since the panel was 2 conservatives and a liberal, they usually just vacate, rehear it en banc and reverse anything they don't like), Seventh said it's a right (Moore v. Madigan) , 1st through 4th say it isn't (Hightower, Kachalsky, Drake, and Wolllard, respectively), DC Circuit says it is (Wrenn)….but they won't hear a 2A case to resolve it once and for all. Suspected it was because Kennedy was wishy washy on that issue and they didn't wanna grant cert and end up with bad precedent, but shit is still maddening when they take up gay marriage no big deal but 2A cases? Noooooo fuckin way.