The Week Ahead
The Court today will hold the traditional September “long” conference, at which the Justices will consider the hundreds of cert petitions filed over the summer. (Click here for our post on “petitions to watch.”) On Tuesday morning, the Court will release an orders list consisting of any cases granted during today’s conference. Any other orders will be released the following week.
Wednesday is the deadline for detainees’ lawyers to respond to the government’s rehearing en banc request in Bismullah v. Gates and Parhat v. Gates, the Detainee Treatment Act cases on the D.C. Circuit’s scope of review of decisions of Combatant Status Review Tribunals at Guantanamo Bay. If en banc review is denied, the government has said it will appeal to the Supreme Court on an expedited basis.
On Thursday or Friday, David Stras will post an Academic Round-Up on the blog.
No top side briefs are due this week. Bottom side briefs are due today in Federal Express v. Holowecki (06-1322) and Ali v. Federal Bureau of Prisons (06-9130), and Friday in John R. Sand & Gravel Company v. United States (06-1164).
Will tomorrow’s orders list truly be the first orders list of OT 2007? In past years, the orders list from the long conference preceding the first Monday in October has been included in the prior year’s Term. So on the Court’s website, the Sept. 26 2006 orders are found under the link to the OT 2005 orders, and the Sept. 27, 2005 orders list is found on the link to OT 2004. In addition, the orders list preceding the first Monday has the prior year’s issue of U.S. Reports in the upper left. I suspect tomorrow’s orders will say 551 U.S. and next Monday’s orders (cert. denials) will say 552 U.S.
Comment by Ted Metzler — September 24, 2007 @ 5:07 pm