 The Court also decided to treat Bush's application for relief as a petition for a writ of certiorari, , requested briefing from the parties by 4 pm on December 10 and scheduled oral argument for the morning of December 11.Although opinions are rarely issued in connection with grants of certiorari (a minimum of four of the nine justices must vote in favor of the grant), Justice Scalia filed an opinion concurring in the Court's decision, noting that "a brief response is necessary to [Justice Stevens'] dissent".According to Scalia, 

Justice Stevens filed a dissenting opinion, in which Justices Souter, Ginsburg and Breyer joined.