SAF Issued file new law suit challenging common semiautomatic rifle ban

pcfixer said:

DISTRIBUTED for Conference of 1/21/2022.

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Kharn said:

That's normal, the case doesn't hit any chambers until it is distributed so no clerks had a chance to read it and decide it tickled their interest, and no Justices had read the cert pool memo. But I can't recall a paid/non-criminal 2A case that has gone without a call for response in 5+ years.

I bet we'll see one by the 20th.

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pcfixer said:

https://www.supremecourt.gov/Docket...103150900254_20220103 Waiver 21902 signed.pdf

AG Frosh did fill a waiver!

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Kharn said:

That's normal, the case doesn't hit any chambers until it is distributed so no clerks had a chance to read it and decide it tickled their interest, and no Justices had read the cert pool memo. But I can't recall a paid/non-criminal 2A case that has gone without a call for response in 5+ years.

I bet we'll see one by the 20th.

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Kharn said:

SC rule 5

"5. The Clerk will distribute the petition to the Court for
its consideration upon receiving an express waiver of the
right to fle a brief in opposition, or, if no waiver or brief in
opposition is fled, upon the expiration of the time allowed
for fling. If a brief in opposition is timely fled, the Clerk
will distribute the petition, brief in opposition, and any reply
brief to the Court for its consideration no less than 14 days
after the brief in opposition is fled, unless the petitioner ex-
pressly waives the 14-day waiting period."

Supreme Court Distribution: Lists and Relists, Explained
"The Supreme Court’s case distribution schedule identifies the dates on which petitions for writs of certiorari, along with corresponding briefs in opposition, amicus briefs and reply briefs, will be distributed (sent upstairs to chambers) to the justices. It also identifies the dates on which those petitions are scheduled to be considered (reviewed) by the justices at conference—a justices-only meeting which typically occurs on Fridays."

Supreme Court Procedures
"While it is the prerogative of every Justice to read each petition for certiorari himself/herself, many participate in what is informally known as the "cert pool." As petitions for certiorari come in on a weekly basis, they are divided among the participating Justices. The participating Justices divide their petitions among their law clerks. The law clerks, in turn, read the petitions assigned to them, write a brief memorandum about the case, and make a recommendation as to whether the case should be accepted or not. The Justice provides these memoranda and recommendations to the other Justices at a Justices' Conference."

Hogan submitted a brief in opposition to Kolbe before the first conference.

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jcutonilli said:

First of all, that is not rule 5, it is rule 15.5

I am not sure what your point is. Rule 15.5 simply defines when the clerk sends the petition to the justices for their consideration. It says nothing about when a petition gets distributed for conference.

It seems to me that a petition does not get distributed for conference until the memos have been written. The distribution to conference seems to alert the justices that the reviews are complete and gives a date when it will be at conference so they can figure out if they want to discuss a particular case at that conference.

This case was distributed to conference 2 days after the waiver.

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/19-8709.html this case took 8 days from the waiver to distribution

https://www.supremecourt.gov/Search.aspx?FileName=/docket/docketfiles/html/public\20-1122.html this case took 6 days

It seems like the typical time is longer than 2 days between waiver and distribution to conference.

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Kharn said:

Reread the first three lines of 15.5, 'consideration' is the preparation for conference.

Your first link proves my timeline is correct.
Waiver, distribution, response requested.

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jcutonilli said:

Are you suggesting that the clerk does not follow the rules?

The rules require the clerk to distribute the petition UPON receiving the waiver.

Delays of 8 days (first link) don't seem to suggest that the clerk is complying with the requirement as you have interpreted it.

It seems more likely that the clerk follows the rules and the delay between receiving the waiver and the distribution to conference has to do with the cue of petitions the justices are considering (reviewing and writing a memo).

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camo556 said:

Jan 14 2022 Response Requested. (Due February 14, 2022)

https://www.supremecourt.gov/docket/docketfiles/html/public/21-902.html

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rignaut said:

sounds great.

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DC-W said:

The state has motioned for a 30-day extension of time but if petitioners filed in 2019, one would think the state has had plenty
https://www.supremecourt.gov/Docket...16_20220125 Ltr to Clerk Supreme Court US.pdf

Full docket: https://www.supremecourt.gov/search.aspx?filename=/docket/DocketFiles/html/Public/21-902.html
(it's good when I'm not the only one who makes typos)

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DC-W said:

The state has motioned for a 30-day extension of time but if petitioners filed in 2019, one would think the state has had plenty
https://www.supremecourt.gov/Docket...16_20220125 Ltr to Clerk Supreme Court US.pdf

Full docket: https://www.supremecourt.gov/search.aspx?filename=/docket/DocketFiles/html/Public/21-902.html
(it's good when I'm not the only one who makes typos)

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rbird7282 said:

These extension requests shouldn't be allowed except in highly unusual circumstances. It's BS when almost every case seems to get an extension granted.

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