[Dr. Franklin]

My response: Then where is the Clerk’s “Call for Response”? Without that the only discussion that’ll take place about this Petition at the Conference will be to have it and the rest of the ones in the Dead Listed pile sent back to the Clerk’s office to be officially DENIED. I’m not saying that you are incorrect. I am not making any claims on anything about the merits of this Petition. I’m just pointing out that if you don’t have any evidence of at least a “Call for Response” by now then its obviously Dead Listed.

The way SCOTUS handles petitions for certiorari is that they discuss them on conference days IF one of them lists the case for conference. No clerk does that. At conference, the nine Justices sit in a room at conference table with no clerks present. The junior Justice must sit at the door in case a clerk knocks with an urgent matter to answer the door. At conference after discussion they vote on which cases to hear, or they may delay the final vote with a call for a response from a respondent to hear the other side of the argument. In that case, the vote is postponed until after a subsequent conference. Four justices must vote to hear the case for the writ of certiorari to issue. That is the procedure.

[Degaston]

In your reply you completely ignored the implications that there has been no “Call for Response” made on this Petition. And as far as I can see on this thread, nobody has provided any examples of any Petition like this one that was anywhere but the Dead List.

What you are talking about is the process for Petitions that are on the Discuss List. That’s irrelevant on this Petition since its obvious that its on the Dead List. Cases on the dead list are automatically denied certiorari when their scheduled “conference date” comes up.

At any point in the process (until the Conference Date) some Justice can ask to have a Petition that’s on the Dead List be put on the Discuss List. But then the Court Clerk will put out a “Call for Response” and provide adequate time (with a rescheduling of the Conference Date likely if this request for Discuss List comes a good while after the Petition was reviewed by the Pool) for the party(s) who originally waived their right to respond to then produce a Response.

So, go look at the precedent set on the last 100,000 Petitions filed the past few decades and see for yourself. If you find any Petition out there that is like the Brunsons that wasn’t on the Dead List at this stage then this discussion can continue. If not it’s dead like the Brunsons’ Petition is on the Dead List and any more discussion is just a bunch of timewasting noise.

https://libguides.law.umich.edu/scotus