I think Brady is toast, but I posted this in another thread -
From the Court's website:
http://www.supremecourt.gov/publicinfo/reportersguide.pdf
"Case law has established four general criteria that the applicant normally must satisfy in order for the Court to grant a stay. They are:
1. that there is a “reasonable probability” that four Justices will grant certiorari, or agree to review the merits of the case;
2. that there is a “fair prospect” that a majority of the Court will conclude upon review that the decision below on the merits was erroneous;
3. that irreparable harm will result from the denial of the stay;
4. finally, in a close case, the Circuit Justice may find it appropriate to balance the equities, by exploring the relative harms to the applicant and respondent, as well as the interests of the public at large."
"There are several possible scenarios for the disposition of an application:
- A Justice may simply deny without comment or explanation.
- If a Justice acts alone to deny an application, a petitioner may renew the application to any other Justice of his or her choice, and theoretically can continue until a majority of the Court has denied the application. In practice, renewed applications usually are referred to the full Court to avoid such a prolonged procedure.
- A Justice may call for a response from the oppo- sition before reaching a final decision. Such responses are usually due by a date and time certain. The Justice may grant an interim stay pending receipt of a response.
• A Justice may grant. If an application is granted by an individual Justice, or if the full Court acts upon one, its disposition is indicated by a written or- der or sometimes, an opinion.
An order granting an application will indicate how long the order will remain in effect—usually until the Court acts on the petition for writ of cer- tiorari. In fairly standard language, the order will often go on to state that if the petition is denied, the stay will automatically terminate, but if the Court grants full review, the stay will re- main in effect until the Court hands down a decision on the merits and the mandate or judgment is issued.
• If a Circuit Justice, acting alone, grants an application, the other side may file a motion
the full Court to vacate that Justice’s stay. As a practical matter, these are rarely, if ever,
granted. "
