us-supreme-court process injunctions
How do the US Supreme Court justices decide to deny an application for injunctive relief?
<p>On Dec 8 2020 the US Supreme Court denies Sen. Mike Lee's <a href="https://www.supremecourt.gov/DocketPDF/20/20A98/162573/20201203162739451_Final_Emergency%20Application%20for%20Writ%20of%20Injunction.pdf" rel="noreferrer">emergency application for injunctive relief</a> to vacate the <a href="https://www.npr.org/sections/biden-transition-updates/2020/11/29/939859062/pennsylvania-supreme-court-rejects-republican-suit-to-throw-out-ballots" rel="noreferrer">Pennsylvania Supreme Court decision on Nov 25 2020</a>.</p>
<p>The US Supreme Court <a href="https://www.supremecourt.gov/orders/courtorders/120820zr_bq7d.pdf" rel="noreferrer">order to deny the application</a> comes as &quot;Order in pending case&quot; containing one sentence:</p>
<blockquote>
<p>The application for injunctive relief presented to Justice Alito and by him referred to the Court is denied.</p>
</blockquote>
<p>This denial was reported by <a href="https://www.npr.org/2020/12/08/944230517/supreme-court-rejects-gop-bid-to-reverse-pennsylvania-election-results" rel="noreferrer">NPR</a>, <a href="https://www.wsj.com/articles/supreme-court-denies-long-shot-republican-bid-to-block-pennsylvania-election-results-for-joe-biden-11607465501" rel="noreferrer">Wall Street Journal</a> and <a href="https://www.cnn.com/2020/12/08/politics/supreme-court-pennsylvania-trump-biden/index.html" rel="noreferrer">CNN</a> without specifying any details on <strong>HOW</strong> the decision was arrived at, whether all 9 justices voted, or whether the order itself implies a unanimous consent.</p>
<p>For example, NPR only added:</p>
<blockquote>
<p>... said the court's one-sentence order, which did not suggest any dissent among the nine justices.</p>
</blockquote>
<p>while WSJ only noted:</p>
<blockquote>
<p>The U.S. Supreme Court’s order came shortly after it finished receiving written legal arguments from the parties on Tuesday afternoon.</p>
</blockquote>
<p>and CNN noted:</p>
<blockquote>
<p>Tuesday's one-line order was issued with no noted dissents or comment from any of the nine justices.</p>
</blockquote>
<p><strong>The Question</strong>: What is the official procedure / process that the US Supreme Court uses to deny an emergency application for injunctive relief like this?  Do all 9 justices required to vote?  Do other denials contain more details of the voting result in the order?</p>

<p>Such an order, like all other orders and decisions, is voted on at a conference of justices. Normally all 9 are present and vote, unless one or more is recused. But if one or more happens to be absent, those present vote. A majority of those present an voting is enough for such an order. Dissents from such orders are quite unusual, but any justice may file one if s/he so elects.</p>
<p>Reasons for such orders are not normally provided. The usual standard is that such relief is only granted if A) one party will be irreparably harmed by delay, <strong>and</strong> B) that party has a reasonable likelihood of prevailing on the merits when the matter is finally decided. Presumably a majority of the Justices did not feel that this standard was met. Beyond that, no one can say.</p>
