Briefing set on Texas redistricting
The Supreme Court on Thursday released the briefing and argument schedule for the four cases on the validity of Texas’ 2003 congressional redistricting plan (dockets 05-204. 05-254, 05-276 and 05-439). The brief of the plan’s challengers is due Jan. 10, Texas’ response brief Feb. 1, and the challengers’ reply Feb. 22. The cases will be heard March 1. In noting jurisdiction on Monday, the Court allotted two hours for oral argument. The cases are on an expedited schedule.
Here is the text of the Court’s order:
“The opening briefs of appellants are to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, January 10, 2006. The brief of appellees is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednseday, February 1, 2006. Reply briefs of appellants, if any, are to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, February 22, 2006. The cases are set for oral argument at 1 p.m., Wednesday, March 1, 2006.”
I see the traditional “Rule 29.2 does not apply” language is missing from the order. The Court has, in the past, added that language to fast track briefing orders to specify that the clerk actually have the brief in hand by the deadline, rather than the usual rule that it is timely filed if it is in the mail by the deadline. Anyone know if this is something new or just a mistake?
Comment by Kent Scheidegger — December 15, 2005 @ 1:17 pm
Responding to Kent’s question, very little at the Court — particularly this kind of order — is an accident. My sense after asking around is that the change was on purpose and will be reflected in later orders of this sort. The directive that “Rule 29.2 does not apply” was ambiguous in that it literally meant that the brief wouldn’t be received. Here, as in all things, parties are best off working with the Clerk’s Office — e.g., Denise McNerney for merits briefs and Chris Vasil for paid cert. filings — on getting papers filed.
Comment by Tom Goldstein — December 15, 2005 @ 4:31 pm