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Senator Edward Kennedy — Part 23
Page 136
136 / 249
the Cget of Statf Counsel proceed on @:- ©: own ‘schedule for brief-
‘ing anSargument. The merits panel is ‘assigned soon after docketing,
and that panel has complete discretion to determine the briefing
schedule and the date on which the panel wishes to hear argument.
The panel works with one of the Assistants to the Chief Staff Counsel
to coordinate briefing and argument with counsel in the case,
E. SCHEDULING IN PARTICULAR CASES BEE A Ege
1. Special Panel — AG 4 AF SAE
OTEAGPAS AEE vn
From time to time in deciding an emergency motion, the Special
Panel may have considered in great detail a matter that is closely related
to the merits of a case; this consideration may have included oral argu-
ment. If that panel, on account of the time it has invested, determines
w © that judicial efficiency would be served by the panel retaining the case
on the merits, it will so advise the Clerk. The Clerk circulates a
memorandum to the other active judges of the Court describing the
situation. If any judge objects to the Special Panel disposing of the
case on the merits, the case will be assigned 1 in the normal way. In
the absence of an objection, the Special Panel controls the case form
that point on to disposition.
2. Related Cases EY. 7 ALE EET, of
Most related cases are consolidated before they are calendared, as
described supra in Parts III. H. and V. A. Occasionally, however, a
new case turns up after a related case has been scheduled for argu-
ment or even argued. If the cases involve review of the same agency
order, they are consolidated automatically at the time the later caseis -
filed. In other instances in which the cases would normally have been
consolidated, or at least joined for hearing before the same panel, the
Clerk’s Office advises the pariel to which the earlier case has been
assigned. If the panel determines, in the interest of judicial economy
and consistency of decisions, to take the new case, it will so advise the
Clerk. The Clerk will then follow the procedure used when the Special
Panel proposes to retain a case on the merits. The Clerk notifies the
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