Rehearings in the Supreme Court of the United States; mechanics and doubtful areas.

• Jurisdiction: United States

Section 149. Rehearings in the Supreme Court of the United States; mechanics and doubtful areas.—The Supreme Court, like some Courts of Appeals, does not permit responses to a petition for rehearing except at its own request.⁵⁶ When such a request is made, the petitioner has every reason to be hopeful,⁵⁷ but in at least one recent instance rehearing was denied notwithstanding.⁵⁸ Conversely, while Rule 58 (3) states that "No petition for rehearing will be granted in the absence of such a request and an opportunity to submit a reply in response thereto," this limitation has not been adhered to when rehearing is sought following affirmance by an equally divided Court.⁵⁹

It should be noted that, while the filing of a timely petition for rehearing during the Term stays the mandate until disposition thereof, a separate motion to stay the mandate is necessary if the petition for rehearing is...