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.