Michael, if you ever go to law school, you will do well.  You are already figuring out on your own one lesson, namely, that trying to predict what a court is going to do from such indicators is about as reliable as reading tea leaves.  Be patient!  We'll all find out in a few months or less.
 
 
          Best,
 
          Daniel Lowenstein
          UCLA Law School
          405 Hilgard
          Los Angeles, California 90095-1476
          310-825-5148

________________________________

From: owner-election-law_gl@majordomo.lls.edu on behalf of Michael McDonald
Sent: Mon 3/20/2006 7:27 PM
To: election-law@majordomo.lls.edu
Subject: RE: so is the Texas redistricting case news exciting or what?



Here's a direct link to Jeff's pointer:

 

http://www.supremecourtus.gov/ctrules/rulesofthecourt.pdf

 

Which states:

 

6. After a case has been argued or submitted, the Clerk

will not file any brief, except that of a party filed by leave of

the Court.

 

What does "leave of the Court" mean?  A single justice?  A majority?  Unanimous?  Surprising to me, it's not defined in the rules (or at least, I can't find it with a search for "leave of the court").

 

On some consideration, I suppose this really doesn't tell us much, other than the justices are aware there is other mid-decade redistricting activity going on.  If a majority wants to say this activity is permissible, then they might cite this brief to head off future litigation.  Then again, they might say that Texas was legitimate since the legislature got its one bite from the apple through the re-redistricting, but signal that Georgia is different because the state legislature is modifying their favored plan for the sole purpose of partisan advantage.  Or they might say that it's all unconstitutional.  Again, I don't see how much can be read into this, other than the justices plans to give guidance on Georgia and future re-redistricting situations.  Seeing how this issue was raised in the oral arguments, it would have been surprising if there was not anything said about the constitutionality of mid-decade redistricting.

 

________________________________

From: owner-election-law_gl@majordomo.lls.edu [mailto:owner-election-law_gl@majordomo.lls.edu] On Behalf Of JMWice@aol.com
Sent: Monday, March 20, 2006 3:35 PM
To: mmcdon@gmu.edu; election-law@majordomo.lls.edu
Subject: Re: so is the Texas redistricting case news exciting or what?

 

Supreme Court Rule 25(6) permits briefs to be filed after oral argument upon leave of the Court.
available at www.supremecourtus.gov, court rules.

Jeff Wice