Monday, May 6, 2019


IN RARE ORDER, THE U.S. SUPREME COURT ORDERED THE CITY OF BROWNSVILLE TO FILE A RESPONSIVE BRIEF IN THE GEORGE ALVAREZ CASE FILED BY EDDIE LUCIO

First the numbers - about more or less 8000 will seek a Petition for Writ of Certiorari with the U.S. Supreme Court.  On average 80- about 86 cases are heard.

The normal process would have been for the City of Brownsville to inform the Supreme Court they were waiving their right to file a responsive brief.  The city in fact did file a notice of waiver of responsive brief.

But then the Supreme Court overruled the City of Brownsville and forced them to pay an attorney to file a responsive brief.  Such an order by the Supreme Court is rare.  It also means the case has been given serious consideration by the members of the court.  Most cases die in a memo written by the law clerks or in some cases just one law clerk.  Most of the Justices rotate their law clerks to review the Petitions and write the summary and recommendation.  I think only one Justice actually has a clerk review all Petitions.

So what we know is the case has caught the Supreme Court's eye and  the first order was against the wishes of the City of Brownsville.  Helping the case is a law professor filing a friend of the court brief [amici brief], asking the Court to hear the case.  If the city loses, money will be paid out to George Alvarez.

For the story click here

For complete U.S. Supreme Court filings and Order for the COB to file a Brief Click Here

Attorney Eddie Lucio is turning into a force for Saenz to deal with.




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