In light of the facts that four Justices have voted to grant the application referred to the Court by THE CHIEF JUSTICE, that we are currently in recess, and that granting a stay will preserve the status quo (as of the time the Court of Appeals made its decision) until the Court considers the forthcoming petition for certiorari, I vote to grant the application as a courtesy. See Medellín v. Texas , 554 U.S. 759, 765, 129 S.Ct. 360, 171 L.Ed.2d 833 (2008) (BREYER, J., dissenting).
Justice GINSBURG, Justice SOTOMAYOR, and Justice KAGAN would deny the application.