The SG almost always, but not invariably, waives the United States’ right to respond to military cert petitions.  It appears that Ali, No. 12-805, will be one of the rare exceptions.  Yesterday, the SG’s deadline for filing an opposition was extended to 6 March 2013.

I believe that this will be the fourth time since 2006 that the SG has chosen to respond to a military cert petition without a call for response from the Supremes.  The previous cases were  Loving, No. 09-989; Smith, No. 10-18; and Huntzinger, No. 10-158.  In all three of those cases, the Supremes denied cert despite substantial speculation on CAAFlog that Smith would be a Golden CAAF winner.

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