Grants Pass Case Set for Conference

Grants Pass v. Johnson, U.S. Supreme Court No. 23-175, has been set for conference Friday, October 27. That is, the Supreme Court on that day will consider the City of Grants Pass’s request that the Court take the case for full briefing and argument. See yesterday’s post for more on this case.

The plaintiffs have waived their right to file a brief in opposition. In theory, the high court could decide to take the case up on October 27. In practice, it rarely takes cases in these circumstances without requesting a response from the other party, despite the waiver. As a result, these waivers are now routinely filed as a delaying tactic.

I think it’s high time the Court put a stop to this by informing litigants that their waivers may be taken at face value, which it could do by accepting a few cases without asking for opposition. This would be a good case to send that message, as it clearly cries out for review in any case.