In the Belfast Project case, Ed Moloney & Anthony McIntyre have sought a stay of the First Circuit’s judgment in the Supreme Court. They filed their application on September 28. Unfortunately, the Supreme Court does not make filings electronically available, as the other federal courts do, but I am trying to obtain a copy and will post it when I do.
The application was addressed to Justice Breyer, the circuit justice for the First Circuit. My best guess is that he will refer the application to the full court if he does not simply deny it. Tomorrow is the first day of the court’s new term, and I think it is likely we will know tomorrow what the court is going to do.
The case has been docketed as Moloney & McIntyre v. United States, No. 12A310. Somewhat to my surprise, Moloney & McIntyre continue to be represented by Eamonn Dornan. I had a hunch that the ACLU was going to represent them in the Supreme Court.