Caldwell v. Caldwell denied certiorari
Kevin Vicklund informed me that the Supreme Court announced this morning that Caldwell v. Caldwell was -- unfortunately -- denied certiorari. This morning's orders of the court are here. The Religion Clause blog has an article about the denial of ceritiorari. What is especially galling is the fact that -- as the Pacific Justice Institute's website pointed out -- the 9th circuit has
been especially lenient in granting standing to sue in other establishment clause cases . Caldwell v. Caldwell received a lot of publicity for a case that was denied certiorari -- indeed, most cases that are granted certiorari remain unknown to most people.
What I suggest now is a demand that UC Berkeley set up another version of the website by removing the offending religious material. If they refuse, they could then be sued for refusal to make a reasonable effort to accommodate people's religious beliefs. If nothing else, this will help to keep this issue in the public eye.
The failure of Caldwell v. Caldwell to make the SCOTUSblog's "Petitions to Watch" lists may have been a factor in the denial of certiorari. In a recent year, only 9 petitions that did not make the lists were granted ceritiorari. IMO these lists are prejudicial and should therefore be discontinued -- the court might be using these lists to help screen out cases. Of the ten cases on the "Petitions to Watch" list for the group of petitions that included Caldwell (i.e., last Friday's group), the results were as follows:
Certiorari granted: No cases
Certiorari denied: Seven cases
Requests for Solicitor General's opinion: Two cases
No decision announced: One case
I was especially intrigued by the decision for Docket No. 08-571, Elko County, Nevada, v. The Wilderness Society, et al. --
The motion of Mountain States Legal Foundation for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied.
Why would the court dismiss a case and then grant permission to file an amicus brief in the same case?