Cert practice

[Hamilton02 at aol.com]

The one element that might up the odds of the Court asking for a response  is 
that the Court recently asked for a response in a Utah case involving the  
issue of polygamy.  It is possible that the Court might see these petitions  as 
evidence of a trend in polygamy questions it needs to address, and,  
therefore, the Shepp case gets more attention that it might have otherwise given  it.  
It is also possible that Justice Scalia's dissent in Lawrence has now  made 
him (and others) more interested in the polygamy question.
 
Marci Hamilton
 
 
Paul R. Verkuil Chair in Public Law
Benjamin N. Cardozo School of Law
Yeshiva University
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