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To: butterdezillion; Lurking Libertarian
http://www.law.cornell.edu/rules/supct/16.html

Rule 16. Disposition of a Petition for a Writ of Certiorari

•1. After considering the documents distributed under Rule 15, the Court will enter an appropriate order. The order may be a summary disposition on the merits.

•2. Whenever the Court grants a petition for a writ of certiorari, the Clerk will prepare, sign, and enter an order to that effect and will notify forthwith counsel of record and the court whose judgment is to be reviewed. The case then will be scheduled for briefing and oral argument. If the record has not previously been filed in this Court, the Clerk will request the clerk of the court having possession of the record to certify and transmit it. A formal writ will not issue unless specially directed.

•3. Whenever the Court denies a petition for a writ of certiorari, the Clerk will prepare, sign, and enter an order to that effect and will notify forthwith counsel of record and the court whose judgment was sought to be reviewed. The order of denial will not be suspended pending disposition of a petition for rehearing except by order of the Court or a Justice.


Regarding the role of the Clerk:

http://www.law.cornell.edu/rules/supct/1.html

Rule 1. Clerk

•1. The Clerk receives documents for filing with the Court and has authority to reject any submitted filing that does not comply with these Rules.

•2. The Clerk maintains the Court's records and will not permit any of them to be removed from the Court building except as authorized by the Court. Any document filed with the Clerk and made a part of the Court's records may not thereafter be withdrawn from the official Court files. After the conclusion of proceedings in this Court, original records and documents transmitted to this Court by any other court will be returned to the court from which they were received.

•3. Unless the Court or the Chief Justice orders otherwise, the Clerk's office is open from 9 a.m. to 5 p.m., Monday through Friday, except on federal legal holidays listed in 5 U. S. C. §6103.


I love the Internet.

72 posted on 08/17/2010 1:37:12 PM PDT by El Sordo (The bigger the government, the smaller the citizen.)
[ Post Reply | Private Reply | To 71 | View Replies ]


To: El Sordo
the Clerk will prepare, sign, and enter an order to that effect

Like I said, you get something signed by the Clerk, not by the Justices themselves. Orly thinks the "Clerk" means the Justice's law clerk-- it doesn't-- and Orly thinks she should have something with Justice Thomas's signature (you never get that).

73 posted on 08/17/2010 1:44:50 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 72 | View Replies ]

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