Grinches at One First Street

December 5th, 2013

In Tom Goldstein’s brief to the Court in favor of setting a scheduling order for the Hobby Lobby and Conestoga cases, that no party requested, he offers this advice to the lawyers at the Alliance Defending Freedom.

(Conestoga Wood Specialties makes the point that this schedule interferes with the holidays, but that won’t really concern the Court; if the lawyers want to enjoy their holidays, they shouldn’t seek cert. in significant cases.)

Update: Tom writes in with an update. The Court did what the parties asked it to do.

The Court has let the parties know that it has accepted their suggestion that the parties in the Hobby Lobby and Conestoga cases not be realigned for purposes of briefing.  So the petitioners and respondents will file their briefs in the ordinary course.  One important exception to the ordinary schedule — also proposed by the parties — is that amicus briefs supporting either party are due together on January 28, 2014.

Imagine that. The parties were able to set their own scheduling order. Merry Christmas everyone!