Friday, September 21, 2012

SCOTUS to Review Eligibility Case Sept. 24th


Good grief!  Shouldn't this be making headlines somewhere instead of "buried" here?
from Devvy Kidd

SCOTUS to Review Eligibility Case Sept. 24th
08/16/2012
08/16/2012
The U.S. Supreme Court has set a date to review Liberty Legal Foundation’s petition of the Georgia eligibility case. On September 24th the Court will meet to discuss several petitions, including our Georgia eligibility petition.
 
Please see http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/historical/temp/12-5.htm.

This is a relatively early date in the Court’s fall cycle for reviewing petitions. We are hoping that this is a sign that the Court has recognized that this issue must be resolved before the November election. Typically the Court announces its decisions regarding acceptance of petitions within a few days after such conferences. So, we should know whether the Court has accepted our petition before the end of September.

The Mr. Obama’s attorney waived his right to respond to our petition. This is not unusual. Often the Court will order opposing attorney to file a response after the opposing attorney has filed a waiver. This has not yet happened in our case.

Some have suggested that the Court’s failure to order the President to respond to LLF’s petition is a sign that the Court has already decided that it will deny our petition. Normally it is true that if the Court is interested in a case it will order the opposing side to file a response to the petition. However, because of the importance of this case it could be that the Court has decided to accept the case without needing to review a response from Mr. Obama. It is also possible that the Court has recognized that ordering a response could delay the case beyond the November election.

As we learned last June, it is very difficult to determine what the Supreme Court will do in any given situation. We are glad to know that we will have an answer before the end of next month.

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