Can anyone provide links to any Supreme Court dockets where there was a “call for response” made on case more than 12 days after a “DISTRIBUTED for Conference” result within a week from a “Waiver of right of respondent” filing and then that case resulted in oral arguments before the Supreme Court?
Short answer: This petition of the Brunsons is almost certainly “dead listed” and will be automatically in the DENY pile at this scheduled Conference session. It’s impossible for anyone to advocate with any credibility that this petition is going anywhere (except DENIAL) if they don’t provide these links.
This petition filing was submitted, response waived, put in the “dead listed” right away after the cert pool review, and no indication that there has been any “call for response” that could possibly put it on the “discuss list” where cases still have less than a 10% chance of getting approved for court review. It’s been almost 2 weeks now since it got added to the “Distributed for Conference” list and still no “call for response”.
“The Government hereby waives its right to file a response to the petition in this case, unless requested to do so by the Court.”
https://www.supremecourt.gov/DocketPDF/22/22-380/247457/20221123155305329_Waiver%20Letter%20-%2022-0380.pdf
Nov 23 2022 Waiver of right of respondent United States to respond filed.
Nov 30 2022 DISTRIBUTED for Conference of 1/6/2023.
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/22-380.html
Any case not appearing on the discuss list is “dead listed” for denial without a conference vote. Only 15 percent to 30 percent of circulated petitions appear on the discuss list .... the Court does not include any petition on the “discuss list” until a response has been filed Thus, if the [any justice] believes that, despite a waiver of a brief in opposition, the petition should be included on a discuss list for a conference vote, he or she will ask the Clerk to “call for a response.”
You can deny it, but the obvious is obvious.