SG Seeks Extension to File Cert. in Myers

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A further quick update:  Today, the Solicitor General asked the Supreme Court to allow it 30 more days (until February 1, 2020) to file a petition for certiorari in Myers.  A copy of the request can be found here.  I am told by people who practice regularly in the Supreme Court that, these days, if the SG is considering filing a cert. petition, he always now first asks for an extension to file.  Thus, the lack of an extension request would indicate that the SG was not going to file a cert. petition.  But, they also tell me that the request for an extension is not always a prelude to an actual cert. petition.  So, stay tuned.

About Carlton Smith

Carlton M. Smith worked (as an associate and partner) at Roberts & Holland LLP in Manhattan from 1983-1999. From 2003 to 2013, he was the Director of the Cardozo School of Law tax clinic. In his retirement, he volunteers with the tax clinic at Harvard, where he was Acting Director from January to June 2019.

Comments

  1. Interesting insight, wonder how that will affect (disproportionately so?) any tax cases before the Supreme Court. On the one hand, could be seen as routine. On the other hand, it may trigger a mental hurdle or reluctance. Sounds like the pendulum is swinging toward routine.

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