For years, the Solicitor General waived the United States’ right to respond to every military cert petition.  But that practice appears to be shifting.  On 24 August, SCOTUS granted the SG’s request for more time to respond to Army DAD’s cert petition in Huntzinger v. United States, No. 10-158.  The SG had previously sought more time to respond to a cert petition arising from a Coast Guard case — Smith v. United States, No. 10-18. I had assumed that the SG was planning to respond to Smith due to the unusually pronounced circuit split it presented and the petitioner’s unusually high-powered legal team.  But perhaps there’s also a change in standard pratice at work.

One Response to “SG seeks (and receives) more time to respond to Huntzinger cert petition”

  1. Anon says:

    You appear to be suggesting that, although the SG was directed to respond in Clayton, and you expected the SG to respond in Smith, that some how, Huntzinger is not as meritorius of a case–so it must signal a change in practice? Huntzinger looks like it has a high powered legal team too, no?