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

[Stanley M. Shepp]

My attorney advises me with the following:

	the Supreme Court has the following rule which could apply if
Certiorari is granted:

	In addition to presenting other arguments for denying the petition,
the brief in 	opposition should address any perceived misstatement of
fact or law in the petition 	that bears on what issues properly would be
before the Court if certiorari were 	granted.  Counsel are admonished
that they have an obligation to the Court to point 	out in the brief in
opposition, and not later, any perceived misstatement made in the
petition. Any objection to consideration of a question presented based on
what 	occurred in the proceedings below, if the objection does not go to
jurisdiction, may be 	deemed waived unless called to the Court's
attention in
	the brief in opposition.

And:

	Another possible problem is that the Supreme Court can grant
"summary disposition" 	on the petition for Certiorari-meaning that they
can grant mother what she wants, 	grant the opposite, or remand the
case to the PA Supreme Court without doing 	anything more than reading
briefs on Certiorari.


I suppose he believes that I am better off to file a brief in opposition -
just in case.  Only about $4,000 with (40) copies.

Any idea what the odds are that I am screwing myself by not responding
right now?  Will the SCotUS request a response if they want one?  Will I
then have the opportunity to reply to "misstatements of fact" made in their
brief?  The paragraph above states "may be deemed waived".  Is it safe to
assume that they also "May NOT be deemed waived"?

Thanks!

Stan Shepp
Somewhere in the West
Center of the Universe
stanshepp at yahoo.com


> -----Original Message-----
> From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu]
> On Behalf Of Volokh, Eugene
> Sent: Tuesday, January 02, 2007 5:18 PM
> To: Law & Religion issues for Law Academics
> Subject: RE: Shepp freedom of speech (Polygamy) Case to go to SCotUS?
>
>     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
>
>
>
> _______________________________________________
> To post, send message to Religionlaw at lists.ucla.edu
> To subscribe, unsubscribe, change options, or get password, see
http://lists.ucla.edu/cgi-
> bin/mailman/listinfo/religionlaw
>
> Please note that messages sent to this large list cannot be viewed as
private.  Anyone can
> subscribe to the list and read messages that are posted; people can read
the Web archives;
> and list members can (rightly or wrongly) forward the messages to others.