Brunson - CERTIORARI DENIED
SEE TOP COMMENT!
https://www.supremecourt.gov/orders/courtorders/010923zor_p860.pdf
Page 5
22-380 BRUNSON, RALAND J. V. ADAMS, ALMA S., ET AL.
What do you mean? Not granting cert is the earliest the SCOTUS can kill a case, right? Are you saying they could have rejected it for not paying filing fees or something?
What does the clerk do?
Something similar to what federal court clerks do. Primarily, their role is to sift through the thousands of petitions and mark the cases worthy of being granted time. “It's the most basic task, and the constant thing that you do – during the summer it's practically your only task.” The petitions that lawyers write very cleverly argue why their cases should be granted; the clerk's job is “to screen out those that are legitimate and write bench memos on what we think about the case.”
https://www.chambers-associate.com/where-to-start/getting-hired/scotus-clerkships
Exactly - and Brunson did not make it through this initial weed out process. It was disposed of at the earliest opportunity.
The clerk could have denied it even making it into the room with the Judges.
The law clerk of a Justice doesn’t have the power to deny anything - only the court can do that. What they do is sift through the cases and find cases that would likely interest the Justice, then the remains bulk gets summarily denied by the Court. So no opportunity for a law clerk to deny anything. It’s just not the way the process works.
I agree. The clerks, who know how their justices think, look at the hundreds of possible cases and select a few to go to conference. I does not make any sense for everything to be looked at the the justices it would take too long.
Clerk is more powerful than the judge.
You don't think all 9 justices have to vote on every single case that gets submitted to the SC, do you? No, there is a process to weed out the thousands of cases sent to the SC. Only a small percentage are accepted from those thousands to be voted on in conference.
If the case had no merit, the logical thing to do would have been to not accept it (weed it out) before it made it to a conference vote in the first place. That is what most people expected to happen - which is why it was surprising when it was accepted (the first time under Rule 11, before the 10 Circuit made its ruling afterward).
What process is that? The weed out process?
The Justices have clerks who comb through the 7,000 or so petitions brought every year for one of merit, then they summarily vote to deny the rest. Brunson was one of about 300 in the order today.
Look at the docket for the Brunson case. There was no action by the court to do anything, other than the clerk of the court refusing to accept some amicus briefs because they missed the deadline. This is the first actual action SCOTUS has taken on this case - there was no order to accept or any such thing.
Not dooming, just spitting facts.
Fren, I have a few question since you seem to know.
Is there any way to see how each justice voted on this?
a) if we can't know, would it be possible for the military to know (in case this case was a way to see which justices were not compromised)
if it was denied how much of a chance do you think the reconsideration would have?
A. No mechanism that I know of. There would likely be major Constitutional issues with this.
This guy is utterly unhinged and cannot be reasoned with. He has some kind of personal vested interest in lying to himself about how SCOTUS does business. Any argument to the contrary results in complete meltdown. No matter how many times I have told him that every single case properly filed before the Court goes to conference, he has some delusion about how there is a "secret" way they kick cases out before doing the standard operating procedure. Lost cause. Wouldn't bother trying to fix the extreme Dunning-Kruger on display here.
Lol I’m actually a lawyer (though not an appellate lawyer), just trying to help without sounding like a doomer.
Someone insisted it was granted cert already.
It was not; the docket is not secret and is publicly available. You can see it was never granted cert on the docket.
Oh I know, I’m referring to the person you’re replying to