Wednesday, March 23, 2011

D.C. Circuit sets briefing schedule in Seven-Sky v. Holder

This past Thursday, the United States Court of Appeals took two actions in Seven-Sky v. Holder: (1) it denied the plaintiffs' petition for initial hearing en banc, and (2) it granted in part and denied in part the plaintiffs' unopposed motion to expedite review. In the order taking the second action, the court set down this schedule for the briefing of the case:

May 16: Plaintiff-Appellants’ brief and appendix due

May 23: Amici curiae briefs in support of appellants (if any) due

June 27: United States brief as appellee due

July 5: Amici curiae briefs in support of United States (if any) due

July 25: Plaintiff-appellants’ reply brief

September: Oral argument before a three-judge panel

This schedule means the case will be about four months behind the two Virginia cases in the Fourth Circuit, and roughly three months behind the cases in the Sixth and the Eleventh Circuits. As a result, it seems unlikely to be the one on which the Supreme Court grants certiorari.