Greetings, Court fans!
Just a short update for the week of Thanksgiving, as the Court issued an order list yesterday that consisted of two new cert grants. The Court really does seem intent on increasing its docket this term, though we’ll obviously have to see if the additional cases yield actual decisions on the merits. The new cases are:
United States v. Denedo (08-267): Whether an Article I military appellate court has jurisdiction to entertain a petition for a writ of error coram nobis filed by a former service member to review a court-martial conviction that has become final under the Uniform Code of Military Justice, 10 U.S.C. 801 et seq.
Nken v. Mukasey (08-681): Whether the decision of a court of appeals to stay an alien’s removal pending consideration of the alien’s petition for review is governed by the standard set forth in section 242(f)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1252(f)(2), or instead by the traditional test for stays and preliminary injunctive relief.
One other item of note regarding this week’s conference for those watching the detention cases: Though we have no reported action yet, the Court apparently might have considered the cert petition in Al-Marri v. Pucciarelli (08-368), concerning the scope of the President’s power to detain a terrorism suspect lawfully residing in the United States. Contending that the government’s and Fourth Circuit’s view would allow such detentions by the military, potentially for life, without trial, al-Marri’s lawyers are seeking immediate review of his case rather than further appellate review. Again, no word yet on an outcome, so the case may be held over for future conferences.
That’s all for now. Happy Turkey Day!
Ken & Kim
From the Appellate Practice Group at Wiggin and Dana
For more information, contact Kim Rinehart, Ken Heath, or any other member of the Practice Group at 203-498-4400