We have been following the cert petition in United States ex rel. New v. Gates, No. 06-691. The cert petition includes a QP asking the Supreme Court to clarify the scope of review for Article III courts’ collateral review of court-martial convictions. The SG initially waived the United States’ response to the cert petition. On 21 December 2006, the Supremes requested a response. On 17 January 2007, the Court extended the deadline for filing the response until 21 February 2007. Such an extension is relatively routine. But it eliminates any chance (already remote) that the case might be heard this term. If the Supremes grant review, it will be argued next term.

Comments are closed.