Monday, December 04, 2006

SG waives response in New

The SG waived the government's right to respond to the cert petition in United States, ex rel. New v. Rumsfeld, No. 06-691, the petition that, among other things, challenges the scope of review for collateral challenges to court-martial convictions. See generally "New cert petition (pun intended)," 28 Nov 2006, available at http://caaflog.blogspot.com/2006/11/new-cert-petition-pun-intended.html.

As previously noted, NIMJ weighed in with an amicus brief supporting the cert petition, which is available here: http://www.nimj.org/documents/FinalAmicusBriefreCert.pdf.

The docket on the Supreme Court's web site doesn't yet indicate when New is scheduled for conference. See http://www.supremecourtus.gov/docket/06-691.htm. I'll be surprised if the Court doesn't request a response from the SG before the case goes to conference.

--Dwight Sullivan

2 comments:

Anonymous said...

Is the SG's "action" a signal to the Court that it's not considered a cert-worthy issue, and therefore the case is unlikely to gain enough votes for a grant?

gene fidell said...

Waiver is certainly a signal, but whether it has the effect Phil suggests is a tougher question. It's by no means unheard of for the Court to ask the SG file submit his views in cases in which the government has waived response. I believe all it takes is one Justice to cause this to happen. I don't recall seeing any data on how often the Court grants cert after an initial waiver by the SG.