Seems, not surprisingly, a might disdainful .. like
they’re flicking a gnat.
What’s the judge do with that?
It’s probably more common than not for Respondents NOT to file an opposition to the Petition. Why bother unless Certiorari is granted? Both the Petition and any opposition take a lot of lawyer/staff time, and printing SCOTUS briefs is costly. Why do it unless you have to?
With odds of any given case being granted Certiorari @ 8-10%, it’s just the cost effective way to proceed. Then, IF certiorari is granted, they can respond. (and they sure know what the track record of the courts has been on this issue)
Seems, not surprisingly, a might disdainful .. like
they’re flicking a gnat.
What’s the judge do with that?
The very first Obama eligibility suit to reach the Supreme Court for cert conference was Berg v Obama. Everyone thought that Justice Souter had given Obama a date to show his original birth certificate, but Obama’s attorneys didn’t respond to the Petition for a Writ of Certiorari, just like this petition, and the Berg suit was denied by the Court.
It takes the concurrence of four of the nine justices to grant a petitition and to hear an appeal before the full court. That is known as the Supreme Court’s tradition of “the rule of four.”