The Supremes have docketed the cert petition in Ali v. United States, No. 12-805.  The SG’s response is due by 4 February.  The SG almost always, though not invariably, waives the right to file a response to a military cert petition.  One rare exception was Smith v. United States, No. 10-18, in which the SG elected to file an opposition to a military cert petition without prompting from the Supremes.

We’ll be keeping on eye on what the SG does in Ali, as well as in Behenna.

One Response to “Ali cert petition docketed by the Supremes”

  1. ConLaw says:

    I frankly hope Ali is denied. The worst possible result for the military justice system would be an opinion along the lines of the Denedo dissent, rejecting jurisdiction on the grounds of an immature and incompetent system of rough justice.