Unless the Supremes request a response to the cert petition in Rose v. United States, No. 06-771, before the 5 January 2007 conference, it will be denied then. (Rose, 64 M.J. 56 (C.A.A.F. 2006), is one of the CAAF opinions that rejected a legal challenge to a conviction for refusal to submit to the anthrax vaccine.) The Supremes requested a response in New — also docketed for the 5 January 2007 conference — on Thursday, 21 December. We will monitor whether the Court requests a response in Rose during the few working days left before the conference.
Kisala, 64 M.J. 50 (C.A.A.F. 2006), is the lead CAAF opinion concerning the anthrax vaccine. Kisala’s deadline for filing a cert petition is Tuesday, 26 December. Does anyone know whether his counsel will seek cert?