Every lawyer’s nightmare — inadvertently missing a court filing deadline — has come true for Roy Englert Jr. Adding to the pain is that the court whose deadline he missed is the Supreme Court, where such mistakes tend to get noticed more than they might elsewhere.
But if there is any consolation, it is this: As competitive as the Supreme Court practice is, it is collegial enough that some of Englert’s brothers at the bar have rallied to his side. Former Solicitors General Charles Fried and Seth Waxman have filed a brief asking the Court to clarify its rule that Englert ran afoul of and, in the process, to accept his out-of-time petition. As the brief, written by Fried, notes, “There but for the grace of God go I.” The Court will consider the issue at its conference Monday.
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