The Supreme Court has called for a response from the Solicitor General to the cert petition in Fry v. United States, No. 11-1395.  Our very own LCDR Brian Mizer is counsel for the petitioner in the case.

Still no call for response to the Ballan cert petition.

4 Responses to “Breaking news: Supremes call for a response in Fry”

  1. Socrates says:

    Please remind us: how many justices must show interest in a cert petition to trigger the request for a SG response?

  2. Dwight Sullivan says:

    Socrates, 1.

    “[T]he Court may call for a response if any of the Justices so requests.” Robert L. Stern et al., Supreme Court Practice 461 (8th ed. 2002).

  3. Zachary Spilman says:

    “A brief in opposition to a petition for a writ of certiorari may be filed by the respondent in any case, but is not mandatory except in a capital case, see Rule 14.1(a), or when ordered by the Court.” Rule 15.1, Rules of the Supreme Court.

  4. Socrates says:

    Thanks, Dwight.  I think there is an interesting general federalism issue underlying the more specific military justice issue.  This could mean interest from both ends of the spectrum.  The conservative justices could say, “Feds, respect California law!”…and the more liberal justices could say, “Military, respect basic decency and morality!”