Supplemental Briefing in Whitman v. DOT
on May 2, 2006 at 2:07 pm
As noted below, No. 04-1131, Whitman v. DOT, is the oldest post-argument case still pending. The Court today issued an order directing the parties to file 15-page briefs by May 15, 2006, “addressing the applicability of Darby v. Cisneros, 509 U.S. 137 (1993), to th[e] case.” Darby was not so much as mentioned in any of the briefs previously filed in Whitman.
(Strangely, the order does not indicate that Justice Alito is not participating, although he almost surely is not.)
(UPDATE: The Court is issuing an amended order showing that Justice Alito did not take part in the order. The case was heard Dec. 5, before he joined the Court.)
(NOTE: A further post on this order appears just above.)
