Whitman v. DOT
on Jun 6, 2005 at 11:09 pm
In this earlier post, I mentioned our Whitman case — which we did with the students in our Harvard class (Anton Metlitsky and Chris Houpt, in particular) — as one of the cases with a reasonable prospect for cert. to be granted before the end of the Term. Today, the government filed this brief in response to the petition, acquiescing to cert. in part.
This will in all likelihood be the last case to make it on the last conference of the Term before the summer recess. We agreed to give the government a third extension of time, until today, to respond, and told the Court that we waived the ten-day period to file a reply brief. That way, the petition will be distributed to the Court tomorrow morning for the last conference.
