> “All the cases filed get a “hearing” - and the ...”
Not quite. According to attorneys experienced in these matters and former SCOTUS clerks, all cert applications are screened and divided into two piles: dead-list pile and listed pile.
The dead-list never goes to the conference hearing. The list pile does.
Brunsons were not dead-listed.
I’ll say for the umpteenth time, the fact that Brunson wasn’t dead-listed doesn’t mean their case will advance from the conference hearing.
Here’s the sequence to be clear:
1. Clerks screen cert applications.
2. Clerks make a dead-list pile and a listed pile.
3. Dead-list cases are never reviewed unless clerk is overruled by a Justice. Dead-list cases go nowhere.
4. Listed cases go to conference hearing attended by all 9 Justices who vote which listed cases will go to oral arguments and which will be denied immediately.
5. In other words, listed cases are divided into two categories by the votes of the 9 Justices:
a. those denied outright.
b. those that go to a full SCOTUS hearing.
Again:
Clerks
Cert applications dead-listed
Cert applications listed
Justices
Cert Applications listed denied
Cert Applications listed advanced
The upcoming conference hearing is where the 9 Justices vote for which cases ago to a full hearing (advanced). Brunson will die or survive there.
They ALL go to the table. Most never get mentioned.
“the next step is to prepare a “petition for certiorari.” This is the document the Court will read in order to decide whether to hear a case. In that document, you will include a history of the case, the basic facts, and the important legal issues that your case presents. Your opponent will also have a chance to file a response, and other interested parties may file briefs in support or against the petition. Your file will then go to a pool of Supreme Court clerks, who will review all of the documents, summarize them for the justices, and include a recommendation on whether to take the case. The justices then make a final decision. If they decide to hear a case, they will issue a “writ of certiorari.” Every year, the Supreme Court receives about 10,000 petitions for certiorari, but only hears about 80 of them.”
“Brunsons were not dead-listed.”
Really? And just how do you know that. It is scheduled for review - as are hundreds of others - on 6 Jan. The US Government has declined to respond. Why do YOU think the government doesn’t care to respond?