US Supreme Court Justice Gives Rod Blagojevich's Prosecutors one week to respond to Blagojevich's request for trial delay

U.S. Supreme Court Justice John Paul Stevens gave federal prosecutors one week to respond to ousted Illinois Gov.

Rod Blagojevich's request to delay his corruption trial.

Stevens on Friday told the government to respond by May 28. The trial of Blagojevich and his brother, Robert Blagojevich, is scheduled to begin June 3.

Rod Blagojevich's lawyers say the high court first should decide whether the federal honest-services fraud law is constitutional, because it's the basis of some of the charges he faces. A decision is expected next month.

Federal prosecutors have until Friday to respond to a petition that lawyers for former Gov. Rod Blagojevich filed with the U.S. Supreme Court to delay his June trial.

Justice John Paul Stevens on Friday directed the government to respond in writing to the petition filed this week. Blagojevich's public corruption trial is set to begin June 3.

Blagojevich's defense is seeking a delay until after the high court issues a ruling on the "honest services" fraud law. That decision is expected late next month.

New on the U.S. Supreme Court docket is application 09A1121, Rod R. Blagojevich and Robert Blagojevich, Applicants v. United States. The entries to date:

May 18 2010 Application (09A1121) for a stay of trial proceedings, submitted to Justice Stevens.

May 21 2010 Response requested - Due May 28, 2010.

So Justice Stevens did not dismiss this application immediately, nor has he yet referred it to the full court. I expect he will refer it, though, if it appears to have any merit after receiving the response. He is most unlikely to actually grant the stay on his own.