Invisible Foerster

The Supreme Court's docket page indicates that the military cert petition in Foerster v. United States, No. No. 07-359, was distributed for last Friday's conference. Yet Foerster was not included on today's order list. That could mean one of several things, including the possibility that one or more of the Justices is writing a dissent or concurrence to denial of certiorari. We'll check tomorrow to see if the docket update reflects a relisting. But one interesting possibility is that Foerster is being held pending resolution of some other case. If so, there may be a GVR in Foerster's future. We'll keep an eye on this developing situation.