By Steve Klepper

In today’s per curiam order dismissing certiorari as improvidently granted (colloquially, a “DIG” order) in Tonrey v. Towson University, the Supreme Court of the Maryland used a phrase that has never before appeared in its opinions and published orders: “a supermajority of the Court concurring.”

The phrase “a majority of the Court concurring” often appears in the Court’s per curiam orders (not just DIG orders) to indicate a non-unanimous vote.

So why a “supermajority” for a DIG order?