DEADLINE FOR FILING PETITION FOR REHEARING TOMORROW, 5 MAY 2022

May 4, 2022; 5:15 EDT.  According to my UNOFFICIAL reading of the SC Code of Laws, the deadline for the Episcopal and Anglican sides to petition the SC Supreme Court for a rehearing is tomorrow, May 5, 2022. The SCSC published its "Revised Opinion" on April 20, 2022. The fifteenth day afterwards would be Thursday, May 5, 2022.

Although the stated deadline is the fifteenth day after the publication of a supreme court decision, a party may request an extension of time. This is what happened the last time around, in 2017. The SCSC issued its opinion of August 2. The secessionists asked for a fifteen day extension before submitting its petition; and the court granted this. On the thirtieth day, the secessionist side requested a second extension. This time, the SCSC denied the request and the secessionists immediately filed their petition for rehearing on the thirtieth day. Shortly afterwards, the SCSC asked the Episcopal side to submit a counter-petition in response to the secessionists'. The Church side complied. Two months later, on Nov. 17, 2017, the SCSC denied the secessionists' petition for rehearing and sent the decision and Remittitur down to the court of origin, the circuit court.

To my knowledge, the only party to announce publicly that it will file for rehearing is Old Saint Andrew's parish, of Charleston.

Papers officially lodged with the court are typically uploaded on the SC courts website, usually at the end of the day. To find the court papers on the church case go to www.sccourts.org/ACMS/  >Accept  >Appellate Case No.:  2020-000986  >Search  >"Event Information" [most recent first].

Here is what to look for tomorrow:

---Will Old Saint Andrew's actually file a petition for rehearing?

---Will any other parish in the Anglican Diocese of SC file? If so, will they join the OSA appeal or file separately?

---If other parishes of ADSC file, are they in the 14 to be returned to TEC or the 15 not to be returned?

---Will the ADSC diocesan entity file for rehearing? (ADSC has two sets of lawyers, one for the diocese and one for the individual parishes since both the diocese and 36 individual parishes jointly filed the lawsuit against TEC in 2013.)

---Will the Episcopal Church and diocese file for rehearing?

---Will one or more parties request a time extension?

If OSA does follow through and file, it will be interesting to see on what grounds they seek a rehearing. They would need to produce strong arguments or some evidence that the SCSC decision was in error. We shall have to wait and see what that might be.

As I have said before, I think there is virtually no chance of a rehearing. The Apr. 20, 2022 decision was unanimous and explicitly "final." The justices have made it very clear they are through with this case.

I expect OSA's last gasp is a Hail Mary. It is bound to fail because there will be no one at the other end of the field to catch the ball.

So, apparently we will have a clearer picture by tomorrow evening, or perhaps the next day, of whether one or both sides of this legal war wants an Overtime in the SCSC. 

I shall return here when I have something to report about the filing(s) for rehearing, probably tomorrow evening.