It’s probably more common than not for Respondents NOT to file an opposition to the Petition. Why bother unless Certiorari is granted? Both the Petition and any opposition take a lot of lawyer/staff time, and printing SCOTUS briefs is costly. Why do it unless you have to?
With odds of any given case being granted Certiorari @ 8-10%, it’s just the cost effective way to proceed. Then, IF certiorari is granted, they can respond. (and they sure know what the track record of the courts has been on this issue)
I see .. thanks, Ed.
Are you kidding? It's not even one percent and going lower almost every year.