December 7, 2007
Update: WTP v.
Supreme Court Schedule Set
In the last Update, we reported the Supreme Court of the
United States assigned Docket Numbers to our Petition for
Writ of Certiorari (07-680 for the Petition by attorney Mark
Lane, and 07-681 for the Petition by Bob Schulz).
We also reported the Government then had the choice of filing
a Response to our Petition or a waiver of its right to file
This week, the Government filed a WAIVER, surrendering its
right to file a Response to the Petitions.
The Court will now either send a formal request to the
Solicitor General of the United States to file a Response on
behalf of the Government, or the Court will advance to a
decision on whether it will hear the case (without a
Response from the Government).
A decision by the Court as to whether it will hear the case
could be announced as early as January 7, unless the Court
requests a Response from the Government.
According to the
Distribution Schedule (see excerpt below) the two
Petitions (07-680 and 07-681) will be distributed to the
Justices of the Court on December 12th and
scheduled for conference on January 4. The Court’s
disposition of the case (i.e., whether it will be heard or
not) would be publicly announced at
10 am the
following Monday (January 7, 2008).
While this is considered by WTP to be the most likely
scenario, it is not set in stone. Events could take place
that would change the schedule. For instance, the Court
could decide at today’s conference (December 7) or at its
next conference (January 4) to request a Response from the
Government, in which case the decision to hear the case
would be delayed for about six weeks.
RIGHT-Click here to download the WTP
Petition for Writ of Certiorari
U.S. v WTP
In the last Update we reported that WTP and Bob Schulz had
filed their “Merits Brief” with the United States Court of
Appeals for the 2nd Circuit in the civil injunction case
filed by the Government to permanently enjoin WTP from
distributing its Blue Folder containing materials
questioning the institutionalized practice of withholding
pay from the paychecks of ordinary working Americans.
Since then, the Government has filed its
On Thursday, December 6th, WTP filed its
The Second Circuit Court of Appeals in Manhattan has
scheduled oral arguments to be heard on
Click Here to read
all the pleadings and Court orders in the "6700" case.
Excerpt from the
website of the U.S. Supreme Court:
CASE DISTRIBUTION SCHEDULE
The Case Distribution Schedule reflects when petition-stage
cases are expected to be considered by the Court in
Conference. The "Distribution Date" is the date the petition
for certiorari, brief in opposition (if any), and reply
brief (if any) are distributed to the Court. The "List"
identifies the Conference List on which the case appears.
"Paid" cases are those numbered 1 through 4999, following
the prefix for the Term. "IFP" (In Forma Pauperis) Cases are
those numbered 5001 and above, following the prefix for the
Term. The date shown under "Conference" is the date the
Clerk anticipates that the Court will consider the case.
This date is subject to change without notice.
Pursuant to Supreme Court Rule 15.5, cases are not placed on
a Conference List sooner than 10 days after a brief in
opposition is filed, unless the petitioner expressly waives
the 10-day waiting period.
Generally, if a case is considered at a Conference, viewers
can expect that the disposition of a case will be announced
on an Orders List that will be released at
the following Monday.
12, 2007 LIST 5 (PAID)
JANUARY 4, 2008
DECEMBER 19, 2007 LIST 1 (PAID)
JANUARY 11, 2008
DECEMBER 26, 2007 LIST 3 (PAID)
JANUARY 11, 2008
JANUARY 2, 2008 LIST 1 (PAID) JANUARY 18, 2008
JANUARY 9, 2008 LIST 1 (PAID) FEBRUARY 15, 2008
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