Author Topic: We’re now in a countdown to October Term 2018’s final conference  (Read 625 times)

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Online Elderberry

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SCOTUSblog by John Elwood 6/6/2019

Relist Watch

John Elwood reviews Monday’s relists.

We’re now in a countdown to October Term 2018’s final conference, which I expect to be held June 24, just as the justices issue their last opinions and are about to leave town for the summer. There, they’ll consider all the cases relisted after the last scheduled conference of the term on June 20. Thus, we likely have just three installments after this one until we’re all finished. We’re not numerologists or anything but that number just keeps coming up.  Three new relists were granted this week. And a thrice-relisted petition was granted and the judgment below vacated to consider the effect of intervening legislation. So this really is a thing — we’re not weird or anything.

And the streak continues, because this week there are precisely three new relists. Plus, I suppose, if you want to be super-technical, one more than three: Jordan v. City of Darien, Georgia, 17-1455. But that one doesn’t quite count. It raises a question the court recently resolved – whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law. (Answer: yes). Because petitioner Dwight Jordan would appear to lose under that rule, the court may be determining whether there are complicating factors that might require remand or whether it should simply deny review.