[Degaston]

You wrote: one justice is required to put the case on the list for discussion at a conference of the justices. That has been done.

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.

[philman_36]

Your pessimism is impressive.

[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.