Shepp freedom of speech (Polygamy) Case to go to SCotUS?

[Volokh, Eugene]

    My sense is that the Supreme Court is highly unlikely to agree to
hear this case; it will probably just deny Ms. Shepp's petition for
certiorari, without requesting a response from Mr. Shepp.  So "not ...
fight[ing]" the case -- in the sense of not filing a brief in opposition
-- seems like the right move, and would be even if Mr. Shepp were a
multimillionaire:  No sense wasting the $20,000 when the Court will deny
the petition without any intervention on Mr. Shepp's part.
 
    If the Court calls for a response, which suggests that at least
someone saw something potentially certworthy in Ms. Shepp's petition,
then Mr. Shepp might want to think about filing a brief in opposition.
But there seems to me to be little reason to spend any money on a brief
right now, at least until the Court calls for one (which strikes me as
quite unlikely).  Or am I missing something?
 
    Eugene
 
________________________________

From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Stanley M Shepp
Sent: Tuesday, January 02, 2007 3:58 PM
To: 'Law & Religion issues for Law Academics'
Subject: Shepp freedom of speech (Polygamy) Case to go to SCotUS? 



	I thought I would let you guys know that my ex-wife has appealed
my case to the SCotUS and I have decided not to fight it.  $20,000 that
I don't have to defend a right that I have never exercised in the first
place seems ludicrous to me.  My attorney argued the reasons I should
defend the case, (if I fail to defend, the petitioners arguments are
accepted as fact) but it just would not be good for me.  If I lose, I
only lose my rights for a little while - until my daughter is 18.  If I
win, I still lose.  $20,000 in additional legal fees would severely
strap my finances - and I would not be able to travel to PA to see her
anyway. 

	 

	Does anyone have a good reason that I should lose money (or
sleep) over this case?  What are the odds that the SCotUS would even
hear this case?  I think it is highly unlikely, but I am interested in
the thoughts of the members of this list.

	 

	Thanks!

	 

	For those who are not familiar with the case:

	Majority Opinion:

	
http://www.courts.state.pa.us/opposting/supreme/out/j-97-2004mo.pdf

	Concurring Opinion:

	
http://www.courts.state.pa.us/opposting/supreme/out/j-97-2004co.pdf

	Dissenting Opinion:

	
http://www.courts.state.pa.us/opposting/supreme/out/j-97-2004do.pdf

	 

	Stan Shepp

	Somewhere in the West

	Center of the Universe

	stanshepp at yahoo.com