A further quick update: Today, the Solicitor General asked the Supreme Court to allow it 30 more days (until February 1, 2020) to file a petition for certiorari in Myers. A copy of the request can be found here. I am told by people who practice regularly in the Supreme Court that, these days, if the SG is considering filing a cert. petition, he always now first asks for an extension to file. Thus, the lack of an extension request would indicate that the SG was not going to file a cert. petition. But, they also tell me that the request for an extension is not always a prelude to an actual cert. petition. So, stay tuned.
SG Seeks Extension to File Cert. in Myers
Posted on Dec. 16, 2019