Monday, December 17, 2012 8:53:28 PM
According to a poster on YMB, the SG recommmended against a grant of cert in Classen. The Fed. Cir.'s decision in Classen should be viewed as favorable to the MNTA position, so perhaps the SG believes that the adverse decision in MNTA is a better vehicle for SCt. consideration. But without seeing the SG's response (I would think the MNTA case would at least be cited), I am just guessing.
http://finance.yahoo.com/mbview/threadview/?&bn=141eb5e5-e7f7-3fca-b70f-35531014315a&tid=1355779968586-5cb9c766-5464-4fd2-bb0d-7d3e4fbc7854&tls=la%2Cd%2C0
From the docket:
Jun 25 2012 The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Dec 13 2012 Brief amicus curiae of United States filed.
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