As an alert reader noted, the Supremes today called for the Solicitor General to respond to the cert petition in Behenna v. United States, No. 12-802.  The cert petition, on which noted SCOTUS litigator Jeffrey Fisher of the Stanford Law Supreme Court Litigation Clinic is counsel of record, is available here.  We’ve previously discussed the case here.

3 Responses to “SCOTUS calls for response to Behenna cert petition”

  1. Scott says:

    In recent memory, how often has the SCOTUS called for a response from the Government in a military case?

  2. Dwight Sullivan says:

    I believe that since 2006, the Supremes have called for a response to 10 military cert petitions:

    Foerster, No. 07-359; Stevenson, No. 07-1397; Wuterich, No. 08-1133; Rodriguez, No. 08-1465; Weston, No. 09-287; Weichmann, No. 09-418; Neal, No. 09-1414; Clayton, No. 09-1532; Fry, No. 11-1395; Behenna, No. 12-802.

    The Supremes ultimately denied cert in the first nine cases on that list.

  3. Mike "No Man" Navarre says:

    And he probably did that without searching the SCOTUS docket.