>So…what are the chances it goes forward?
In 2010, there were 5,910 petitions for a Writ of Certiorari filed with the Supreme Court, but cert was granted for only 165 cases. That is a success rate of only 2.8%.
https://supremecourtpress.com/chance_of_success.html
https://www.supremecourt.gov/legendkeyinfo.aspx
Conference Days: The Justices meet in a private conference to discuss cases argued earlier that week. The Justices also discuss and vote on petitions for review. The building is open to the public but the Justices do not take the Bench.
>Brunson SC Case
"If the petition in your case is so plainly meritless that the Court will not need the assistance of a brief in opposition, you may wish to waive your response. The solicitor general and state attorneys general often do this."
Opposing Certiorari in the U.S. Supreme Court
ABA Litigation Manual, 3d ed.
>i think there is a part where more names can be added later on. If the SC rules against their names get added. Might be wrong though .
The SC accepts about 3% of about 5,000 annual petitions. There are no consequences for justices electing not to grant a petition a hearing. They routinely review and reject most petitions. There is no legal authority and therefore no consequences for not granting a petitioner a hearing, Anon.
>so why weren't they removed then?
There is no one to remove them except through impeachment, like Alcee Hastings, for example.
>So if they vote to NOT hear the case today, they get removed from office today. Thanks ;)
No. Judges have to be impeached by the House and Senate to be removed from office. Today is just a routine conference. If four or more justices elect to grant the petitioner a hearing the petitioner gets a hearing. If there are not four justices willing to grant a hearing, they wrap it up and go home, just like every other conference day.
>SC has been warned. Honor your oath.
There are absolutely no consequences for the court not granting a hearing to a petitioner.
>SG waived
The SG routinely waives comment on petitions not expected to be granted a hearing. Today is a conference. If the petitioner is granted a hearing during the conference then a subsequent hearing will be scheduled.
Here's your SG waiver, Anon:
"If the petition in your case is so plainly meritless that the Court will not need the assistance of a brief in opposition, you may wish to waive your response. The solicitor general and state attorneys general often do this."
Opposing Certiorari in the U.S. Supreme Court
ABA Litigation Manual, 3d ed.
>So you are stating that the SG anticipates that the SC will not grant Brunson a hearing.
The SG must file a response in all capital (murder) cases. The SC receives many thousands of petitions like Brunson every year. It becomes a case of where do you expend your effort and the efforts of your staff? The SG did not waive 'rights'. The SG waived 'comment'. Personally, I like what the Brunson's put together. I praise them for their effort. What is apparent, though, is that today's conference is a routine conference and that some anons have been misled or have misinterpreted the nature of an SC conference. The Brunson brothers issued a statement yesterday saying that there would be nothing known about their petition until Monday. The 'Yay/Nay' they are expecting is about whether they will be granted a hearing.
>Anon, does this case fit the definition of meritless?
Unfortunately, that is up to the SC justices to determine. The SG may have already come to that conclusion, or perhaps does not think a hearing will be granted.
>Could it be that the SG waived all rights of defendants because she too, takes the oath and there is nothing to refute?
The SG can't waive the defendants' rights. The SG waived comment on the petition. The SG may be following ABA guidelines.
"If the petition in your case is so plainly meritless that the Court will not need the assistance of a brief in opposition, you may wish to waive your response. The solicitor general and state attorneys general often do this."
Opposing Certiorari in the U.S. Supreme Court
ABA Litigation Manual, 3d ed.