Thursday, October 12, 2006

United States v. Lane in fast lane?

In an update to my on-going debate with the good Col, I would like to point out that there was no petition for reconsideration filed, at least by 4 Oct 06, and because the case was decided on 20 Sep 06, I think we are out of time. Petitions for reconsideration often seemed to be used to buy the government more time to consider a cert petition. So either the Air Force has already decided to go to the SG and doesn't need more time and Lane is on the fast-track, or maybe the government is less upset about this decision than the Col might believe.

Or, of course, they just blew the date. Happens to the best of us.


Dwight Sullivan said...

If the government side is thinking about this issue hyper-strategically, a request for reconsideration might be ruled out for fear that CAAF might take the "harmless error" route, thus eliminating the S.G.'s opportunity to ask the Supremes to rule that a Member of Congress CAN simultaneously serve as a military reserve officer, including in such a billet as an appellate judge. See my earlier post on a zebra theory of jurisprudence.

Besides, the S.G. fairly routinely requests -- and the Supremes routinely grant -- additional time to consider whether to file a cert petition.

The countdown is on. My guess is that within 90 days of 20 Sep, we will see a request from the S.G. for additional time.

Damn that rule against betting with subordinates!

--Dwight Sullivan

The JAG Hunter said...

The JAG Hunter may be of interest to you:

Best regards,
Walter Francis Fitzpatrick, III
USN (Retired)
The JAG Hunter

gene fidell said...

I seem to recall reading that Senate Graham has said he would stop serving as an AFCCA judge. If so, that will not help the government if it is indeed considering petitioning for certiorari.