The Supreme Court is being asked to review/overturn a 5th Circuit judgment on appeal in favor of "UNITED STATES OF AMERICA" in the original matter of "UNITED STATES OF AMERICA v. ARTHUR ANDERSEN LLP" tried before a jury in the United States District Court for the Southern District of Texas.
It would be
highly unusual for the prevailing party to not oppose such a writ, and I believe the Department of Justice procedures
require filing the response in opposition. The real question might be whether the response is well-grounded or is intentionally "taking a bullet" for the corporatist cabal. IANAL, so I can't really say, but a layman's persual of the DOJ brief indicates to me that the response is not overtly weak.
Judge for yourself ...
http://www.usdoj.gov/osg/briefs/2004/0responses/2004-0368.resp.htmlIMO, the stench of corruption is in the USSC's acceptance of the writ - and there's nothing at all remarkable about the obligatory DOJ opposition.