The other main possibility you have not already listed is that the Court is writing a summary affirmance or reversal, to decide the case without argument.

John

On Apr 16, 2011, at 11:40 AM, Richard Winger wrote:

I hope someone on this list can comment on the US Supreme Court's behavior concerning the Illinois cases on the special US Senate election.  The Court held conferences on Quinn v Judge (10-821) and Burris v Judge (10-367) on Feb. 18, Feb. 25, and March 4.  The court took no action at any of those three conferences, and has not listed the case for an upcoming conference.

I know it is a bad sign when a court holds 3 conferences and doesn't take a case.  Someone said that means the court will likely deny cert, but the order denying cert is being held up while a justice who does want to take the case is writing something.  But it is hard to believe that it would take any justice six weeks to write such a brief note.

Or if the Court was waiting for its own full decision in a related case, that is another reason for the limbo status.  But there is no pending decision on any case that has anything to do with the issues in Burris v Judge/Quinn v Judge, which concern the meaning of the 17th amendment when there is a vacancy in the US Senate.
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