White House set to stay out of affirmative-action case

Washington Times ^ | 1/09/03 | Frank J. Murray

[Lancey Howard]

I'm trying to figure out how a brief from the White House would influence the decision of the Supreme Court. Is it possible that there are life-tenured Supreme Court justices who are sitting on the fence about this old issue? Who would get swayed one way or the other because they read a brief from the White House?

Paging Congressman Billybob....

[TLBSHOW]

thats why we need and Executive Order from President Bush

[Congressman Billybob]

When the government is a party to a case, it must file a brief through the Solicitor General's Office. However, when the government is not a party to the case, as here, it has the option (unlike any other entity) to intervene in the case and file a brief as if it were a party.

Any interested organization -- and there can be 200 or more of such -- can file a friend of the Court brief. (That is usually my part in Supreme Court cases.)

An indication of how important a brief filed by the government is, is the occasional case when the Court reaches out and asks the government to brief an issue. When such a request is made, though not compelled to do so, the Solicitor General's Office always, to the best of my memory, promptly complies.

So, a brief filed by the government is not controlling or dispositive, but it is more important and more carefully considered than any other single brief filed in any case.

Hope that answers your question.

Congressman Billybob

[TLBSHOW]

thats why we need and Executive Order from President Bush