As you know Supreme Court via Justice David Souter has given President-elect Obama, the DNC and other defendants until December 1 to respond to the court case by attorney Philip Berg that was dismissed by the Third Circuit in late-October.
Here is the docket:
Translation, Obama has until December 1 to produce a Brief in response to the Third Circuit case No. 08-4340.
There are three possible scenarios according to the SCOTUS reporter’s guide.
• A Justice may simply deny without comment or explanation.
• If a Justice acts alone to deny an application, a petitioner may reapply to any other Justice of his or her choice, and theoretically can continue until a majority of the Court has denied the application.
In practice, applications usually are referred to the full Court by the second Justice to avoid such a prolonged procedure.
• A Justice may call for a response from the opposition before reaching a final decision. Such responses are usually due by a date and time certain. The Justice may grant an interim stay pending receipt of a response.
• A Justice may grant. If an application is granted by an individual Justice, or if the full Court acts upon one, its disposition is indicated by a written order or sometimes, an opinion. An order granting an application will indicate how long the order will remain in effect—usually until the Court acts on the petition for writ of certiorari. In fairly standard language, the order will often go on to state that if the petition is denied, the stay will automatically terminate, but if the Court grants full review, the stay will remain in effect until the Court hands down a decision on the merits and the mandate or judgment is issued.
If the Court grants the writ of certiorari (see three), expect the story to explode.
2 Responses
Neo
November 26th, 2008 at 7:55 pm
1I expect to see this explode on the House floor when the electoral votes are tallied by the Congress and Obama (hopes to be) declared the winner.
Of course, the Republicans could just wimp out.
raquelokyay.com » Blog Archive » Mr. Obama, Where is Your True Birth Certificate?
December 3rd, 2008 at 2:29 am
2[...] Macsmind. [...]
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