Supreme Court to decide tomorrow whether to take up Obama birth certificate case

The remaining case with the highest profile is Donofrio vs. Wells. Because it was distributed by Supreme Court Justice Clarence Thomas to other justices for conference, it gained undue importance for people unschooled in how the court works, Volokh said.

Many petitioners seeking stays of pending events have their cases distributed to the full court, he said. Of those, Volokh found that 782 were denied in the last eight years while just 60 were heard—and not all of those ultimately were successful.