In the last Update, we reported the Supreme Court of the United States assigned Docket Numbers to our Petition for Writ of Certiorari (07-680 for the Petition by attorney Mark Lane, and 07-681 for the Petition by Bob Schulz).
We also reported the Government then had the choice of filing a Response to our Petition or a waiver of its right to file a Response.
This week, the Government filed a WAIVER, surrendering its right to file a Response to the Petitions.
The Court will now either send a formal request to the Solicitor General of the United States to file a Response on behalf of the Government, or the Court will advance to a decision on whether it will hear the case (without a Response from the Government).
A decision by the Court as to whether it will hear the case could be announced as early as January 7, unless the Court requests a Response from the Government.
According to the Case Distribution Schedule (see excerpt below) the two Petitions (07-680 and 07-681) will be distributed to the Justices of the Court on December 12th and scheduled for conference on January 4. The Courts disposition of the case (i.e., whether it will be heard or not) would be publicly announced at 10 am the following Monday (January 7, 2008).
While this is considered by WTP to be the most likely scenario, it is not set in stone. Events could take place that would change the schedule. For instance, the Court could decide at todays conference (December 7) or at its next conference (January 4) to request a Response from the Government, in which case the decision to hear the case would be delayed for about six weeks.
Update: U.S. v WTP
In the last Update we reported that WTP and Bob Schulz had filed their Merits Brief with the United States Court of Appeals for the 2nd Circuit in the civil injunction case filed by the Government to permanently enjoin WTP from distributing its Blue Folder containing materials questioning the institutionalized practice of withholding pay from the paychecks of ordinary working Americans.
Since then, the Government has filed its Response Brief.
On Thursday, December 6th, WTP filed its Reply Brief.
The Second Circuit Court of Appeals in Manhattan has scheduled oral arguments to be heard on February 5, 2008.
Click Here to read all the pleadings and Court orders in the "6700" case.
Excerpt from the website of the U.S. Supreme Court:
CASE DISTRIBUTION SCHEDULE
The Case Distribution Schedule reflects when petition-stage cases are expected to be considered by the Court in Conference. The "Distribution Date" is the date the petition for certiorari, brief in opposition (if any), and reply brief (if any) are distributed to the Court. The "List" identifies the Conference List on which the case appears. "Paid" cases are those numbered 1 through 4999, following the prefix for the Term. "IFP" (In Forma Pauperis) Cases are those numbered 5001 and above, following the prefix for the Term. The date shown under "Conference" is the date the Clerk anticipates that the Court will consider the case. This date is subject to change without notice.
Pursuant to Supreme Court Rule 15.5, cases are not placed on a Conference List sooner than 10 days after a brief in opposition is filed, unless the petitioner expressly waives the 10-day waiting period.
Generally, if a case is considered at a Conference, viewers can expect that the disposition of a case will be announced on an Orders List that will be released at 10:00 a.m. the following Monday.
12, 2007 LIST 5 (PAID)
JANUARY 4, 2008
DECEMBER 19, 2007 LIST 1 (PAID) JANUARY 11, 2008
DECEMBER 26, 2007 LIST 3 (PAID) JANUARY 11, 2008
JANUARY 2, 2008 LIST 1 (PAID) JANUARY 18, 2008
JANUARY 9, 2008 LIST 1 (PAID) FEBRUARY 15, 2008