More information is available concerning the secret case before the U.S. Supreme Court that I posted about here and here.
A copy of the redacted petition for writ of certiorari pending before the Supreme Court of the United States in M.K.B. v. Warden, No. 03-6747 is available here via FindLaw. Howard Bashman at How Appealing, provided the link last night.
SCOTUSBlog points out that the docket reveals that U.S. Solicitor General "waived" the right to respond to the petition.
This is an unusual case. It is sealed, apparently for national security reasons. We don't know what internal procedures the Court uses in such an unusual circumstance. In every term, there are a half-dozen to a dozen "sealed" cases, but they rarely are sealed on the basis of national security.
In addition to the two articles linked in my Not So Secret post, SCOTUSBlog also refers to this article on secret dockets which mentions M.K.B. v. Warden.
I don’t understand what is so important about this case that justifies these extraordinary secrecy efforts. The Justices are scheduled to consider the case at their November 7 conference. Hopefully, we will learn a little more after the conference.
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