And Happy New Year! Though we’re still awaiting the second signed opinion of October Term 2017, the Supreme Court kicked off Calendar Year 2018 with a per curiam decision in a case mixing (as so many do) race, capital punishment, . . . and certificates of appealability. In the immediate term, the Court’s split decision in Tharpe v. Sellers (No. 17-6075) extends a (possibly short)
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Orders 12/15/2017
While the first opinion of the term came a little early this year, we’ve now gone five weeks without a second and it looks like we’ll be waiting several more weeks, since the December sitting has come to a close and the next public session isn’t until January 8. Assuming the Justices do issue an opinion that day, it will, according to empiricalscotus.com, be
Read More Orders 12/15/2017Hamer v. Neighborhood Housing Services of Chicago (16-658)
Well, despite (because of??) our mild ribbing yesterday about the Court’s tendency to start each term with per curiam decisions saying what the law isn’t, The Nine sprung into action this morning with their first signed opinion of the year, holding in Hamer v. Neighborhood Housing Services of Chicago (No. 16-658) that Federal Rule of Appellate Procedure 4(a)(5)(C), which limits extensions of the time
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Dunn v. Madison (17-193), Kernan v. Cuero (16-1468)
Yesterday’s Order List brought no new cert grants (for the second week in a row), but it did include the first two decisions of the term—per curiam GRRs (granting cert, reversing, and remanding) in “state on top” habeas cases. Following a familiar pattern in cases arising under the Antiterrorism and Effective Death Penalty Act (AEDPA), in each of yesterday’s opinions, the Court
Read More Dunn v. Madison (17-193), Kernan v. Cuero (16-1468)Orders: October 20, 2017
We’re back with some more non-opinion news from The Nine to wrap up the week (and the October sitting). Perhaps the biggest SCOTUS news this week occurred outside of Washington, where district judges in both Hawaii and Maryland issued nationwide preliminary injunctions (of slightly different scope) against the latest iteration of President Trump’s “travel ban” setting the challenges up for a likely spot on the
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Trump v. Int’l Refugee Assistance Project (16-1436)
Although we’ve got no opinions to report for you this week, we do want to briefly catch up on some news out of One First Street. Earlier this week, the Justices dismissed Trump v. Int’l Refugee Assistance Project (16-1436), one of the two “travel ban” cases that the Court granted certiorari to review on the last day of OT16. The Court concluded that “the
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