Monday, January 12, 2009

Pondering the Supreme Court Delay

So the Supreme Court's latest order lists are published, and our case is still not there: cert neither granted nor denied. Presumably, the docket shortly will show the scheduling of discussion at another conference of the justices -- a seventh time around.

Scratching our heads, we've done a more thorough study of the Court's orders in recent years. It turns out that there is a category of a dozen or so appeal petitions that went to as many conferences as the one here. What they seem to have in common is that cert was denied but the majority held back until one or more dissenting opinions could be issued. Maybe that's what's going on here.

Or not.

The wait continues.

Monday, January 05, 2009

Now We're at the January 9 Supreme Court Conference

After being distributed for discussion at the justices' conferences on September 10, October 29, November 20, December 1, and December 8, the petition for certiorari is now listed on the docket for the Supreme Court conference this Friday, January 9.

Rolling over the question to this many conferences is very unusual. But that's about all we can say about it until we learn -- maybe as soon as Friday or next Monday, or maybe not -- whether the court has agreed to hear the appeal.