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Sunday, July 12, 2009
SG's time to reply to Rodriguez cert petition extended
The Supremes have extended the deadline for the SG to file a response to the Rodriguez cert petition, No. 08-1465, which we discussed here, until 4 August. The SG initially waived the United States' right to respond to the cert petition (as the SG routinely does in response to military justice cert petitions), but the Supremes called for a response, as we noted here.
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5 comments:
And they should seriously consider whether the administration agrees with Rodriguez, not just take the opposite of the petitioner's position like so many prosecutors inside (and, let's be fair, outside) of MJ.
You mean like the transgendered law suit against the Library of Congress? Seems like the administration is pretty open to make a decision. However, a decision to agree with petitioner is to disagree that Congress set a time limit for petitioning CAAF. Congress spoke, why would the President think the rule should be otherwise?
If you really want an answer to your question, try reading the cert petition, I think that's the whole point.
Then petition Congress to change the rules. The rule, in and of itself, does not appear to be unconstitutional. the President not defending it really would be akin to the President changing the UCMJ, not his job.
What is this thing, a petition of which you speak? Jeez, never thought to look there but I appreciate your in depth analysis.
The issue is not whether or not the rule is constitutional. The issue is whether the rule does or does not create a jurisdictional deadline. The SG could, just as the two dissenting CAAF judges did, determine that the rule is not jurisdictional. It would require no rewriting of the UCMJ, just a particular interpretation.
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