Didn’t Souter essentially say that, which Obama ignored?
***I’m not sure. There was some sort of deadline in Berg vs. Obama that passed by, but I don’t know how important it is. Judges in general can be real petulant when their orders are not followed, and I imagine the Supremes don’t take too kindly to being ignored.
***
In Berg’s case, a response was requested to the application - if the respondent is so inclined. It is the opportunity for the respondent to put forth documentation that supports his reasons why the case SHOULD NOT be heard.
HOWEVER, it IS NOT required that he respond.
The application will then be judged solely on Berg’s application.
HOWEVER, if Berg’s application for a hearing IS granted, Obama CANNOT claim that he DID NOT have an opportunity to respond.
-PJ