Thank you for the comment! I think that the unique nature of the case probably cut against a grant. But I also think the implications of the case for separation of powers doctrine generally made a grant a really hard sell for the liberal justices.

Pure speculation on my part, but I incline towards the idea that the great majority of Justices thought the Donziger prosecution was a one-off, therefore not justifying certiorari. Of course, the stern opinion by Justices Gorsuch/Kavanaugh might deter another judge from copying Judge Kaplan and the Second Circuit majority in the future if another situation of obstructive party conduct provoked that other judge to consider appointing a special prosecutor again.

MK

Thanks for the comment! I think that views on the nondelegation doctrine and separation of powers really are left/right disagreements today, but I take your point.

Thanks for always keeping us up to date with your informative posts.

I’ll just say that I’m skeptical about whether that sort of “left-right” categorization remains useful. Obviously, I can’t speak for Donzinger’s supporters (or his detractors), but I think that most people genuinely form their views on specific issues unconcerned about how these would be categorized based on what seems to me an outdated paradigm.

Regards!