August 13, 2006

PTTP Files Petition for Writ of Certiorari

With the Supreme Court of the United States

Under Supreme Court rules, an appeal must be filed within 90 days of the entry of the order to the Supreme Court. That date is August 18, 2006 as the actual 90th day from the filing of the Appeals Court ruling, May 22, 2006, falls on Saturday, August 19, 2006. An appeal is not a right but must be granted by the court. To accomplish this, a writ of certiorari is first submitted to the court. If granted, court will then order argument briefs as well as setting a date for oral arguments. If it does not, the suit will not be heard by the court. By doing so, however, because of the absolute nature of the amendment process, i.e., either Congress must call or it can refuse to contrary to the language of the article, it will have affirmed the lower courts' rulings which will then become, indisputably, official government policy on the subject. Each year, the court receives several thousand writs of certiorari. It has never had before it in its history a suit involving the amendatory convention. It hears about 150 cases. Because of this small number, there is no guarantee the suit will be heard at all.

Our writ can viewed by clicking here.


August 18, 2006

Supreme Court Clerk Acknowledges PTTP Filing

Of Writ of Certiorari

In a brief two sentence letter, the clerk of the Supreme Court acknowledged the filing the Petititon of Writ of Certiorari in Walker v Members of Congress et. al. The suit has been assigned case number 06-244. The letter can be read here. The government now has until September 18, 2006 to file an opposition brief to the granting of certiorari if it so chooses.


August 29, 2006

The government today filed a waiver of right of respondents to respond to the writ of certiorari. This means the government will not formally oppose the certiorari leaving it entirely in the hands of the Supreme Court to decide whether or not to accept the certiorari. The waiver was filed by Solicitor General of the United States Paul D. Clement who is listed as Counsel of Record. The waiver can be read here.

While the submittal of the waiver is no guarantee of court approval of the certiorari, it does mean that under court rules (Rule 15.2) that the government cannot, should certiorari be granted, address any perceived misstatement of fact or law in its opposition brief. This effectively means the statements of law and of fact made in the writ have been conceeded by the government. PTTP asserted as a matter of law and fact that Congress must call a convention if the states apply and that such a call is "peremptory." It also asserted the members of Congress have violated federal criminal law in refusing to issue such a call. Finally PTTP asserted that all 50 states have applied for a convention and therefore Congress must call a convention.

The rule states: "In addition to presenting other arguments for denying the petition, the brief in opposition should address any perceived misstatement of fact or law in the petition that bears on what issues properly would be before the Court if certiorari were granted. Counsel are admonished that they have an obligation to the court to point out in the brief in opposition, and not later, any perceived misstatement made in the petition. Any objection to consideration of a question presented based on what occurred in the proceedings below, if the objection does not go to jurisdiction, may be deemed waived unless called to the Court's attention in the brief in opposition."

According to the Clerk of the Supreme Court office, while no specific date for conference has been set yet, it is estimated the writ for certiorari will be considered by the Court on October 27, 2006. The clerk will post the actual date on the docket when the date is set. The conference is where the Court will decide whether or not to grant certiorari. The conferences are held each Friday with decisions regarding certiorari released the following Monday.

October 5, 2006

In a single sentence notation, the Supreme Court scheduled Friday, October 27, 2006 for conference in the matter of Walker v. Members of Congress 06-244. A decision regarding certiorari should be released by the court the following Monday, October 30, 2006. According to court documents, the court receives approximately 8,000 requests each term for certiorari and decides about 150 of these cases.


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