To: Dr. Franklin
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
131 posted on
12/13/2022 3:37:23 PM PST by
Degaston
(no autocrats please)
To: Degaston
...and any more discussion is just a bunch of timewasting noise.Yet you're wasting your own time with noise. Amazing!
133 posted on
12/13/2022 3:43:54 PM PST by
philman_36
(Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)
To: Degaston
In your reply you completely ignored the implications that there has been no “Call for Response” made on this Petition.From YOUR link...
Petitioning to be Heard- Petition for Writ of Certiorari
- Appealing litigants file a brief called a “petition for writ of certiorari” asking the Court to hear their case.
- Responses to Petitions for Writ
- Non-filing party has three options in response to a Petition for Writ of Certiorari
- Acquiesce. Non-filing party can agree that the Court should grant cert and hear the case
- Waive its right to file a response
- File a Brief in Opposition
- Reply Brief
- The petitioner has the opportunity to rebut the Brief in Opposition by filing a reply brief.
- Amicus Briefs
- Outside parties (amici curiae) who agree with the petitioner may file amicus briefs at this stage, supporting the petitioner’s request for review.
134 posted on
12/13/2022 3:52:07 PM PST by
philman_36
(Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)
To: Degaston
WAIVERThe Government hereby waives its right to file a response to the petition in this case, unless requested to do so by the Court.
ELIZABETH B. PRELOGAR Solicitor General Counsel of Record
Sounds like a response to me.
Note she said "The Government", not "The Respondents".
"The government" isn't the object, individuals IN the government are the object.
135 posted on
12/13/2022 4:02:25 PM PST by
philman_36
(Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)
To: Degaston
That’s irrelevant on this Petition since its obvious that its on the Dead List.
Anything on the conference list at SCOTUS is not dead, and can't be on a "dead list" before the end of the conference.
136 posted on
12/13/2022 4:14:05 PM PST by
Dr. Franklin
("A republic, if you can keep it." )
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