NEW: SCOTUS adds one new case to its docket for next term: Hemphill v. New York, a criminal-procedure case about the interaction between hearsay rules and the right of defendants to confront witnesses against them. Still no action on major petitions involving guns and abortion.
Here's this morning's order list: supremecourt.gov/orders/courtor…
The court denies review in Whatley v. Warden, a death-row prisoner's claim that he received ineffective assistance of counsel because he was tried & sentenced while wearing shackles. Justice Sotomayor dissents from the denial, saying she'd send the case back for new sentencing.
The court also denies review in Brown v. Polk County, which involves the Fourth Amendment standard for invasive searches of pretrial detainees. Sotomayor writes a separate statement agreeing with the decision not to take up the case but highlighting the importance of the issue.

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More from @SCOTUSblog

8 Mar
SCOTUS grants new case: Thompson v. Clark (1 of the Heck v. Humphrey "favorable termination" rule cases) about when & whether the dismissal of a case counts as a “favorable termination” to allow recovery under fed civil rights laws for unconstitutional conviction or imprisonment.
The court denied another petition filed by former President Trump relating to the 2020 elections -- this one against the Wisconsin Elections Commission.

No action on the challenge to the Mississippi law that bans most abortions after 15 weeks.

supremecourt.gov/orders/courtor…
Here's the case page on the court's new grant this morning, Thompson v. Clark.
Read 4 tweets
4 Mar
NEW: In Freedom of Information Act case, SCOTUS says federal government does not have to disclose documents that were produced as part of a rulemaking on "cooling water intake structures" under the Clean Water Act. The Sierra Club argued the docs should be disclosed under FOIA.
Here is the opinion in United States Fish and Wildlife Serv. v. Sierra Club, Inc. supremecourt.gov/opinions/20pdf…
‼️Justice Amy Coney Barrett pens her first majority opinion in the 7-2 decision. Justice Breyer dissents joined by Justice Sotomayor.
Read 4 tweets
22 Feb
BREAKING: After 4 months of inaction, SCOTUS in a one-sentence unsigned order declines Trump's request to further postpone enforcement of a Manhattan DA subpoena for his financial records. The order clears the way for a NY grand jury to obtain the records & review them in secret.
Here is the orders list: supremecourt.gov/orders/courtor…
SCOTUS declines to take up a pair of leftover cases from the 2020 election. They involved the authority of the Pennsylvania Supreme Court to extend the state's mail-in ballot deadline. Thomas, Alito and Gorsuch say the court should have granted review.
Read 4 tweets
11 Dec 20
BREAKING: The Supreme Court has denied Texas' last-ditch effort to overturn the election results in four battleground states that voted for Joe Biden. supremecourt.gov/orders/courtor…
In a very brief order, the court says Texas lacks Article III standing to sue other states over how they conduct their own elections. In layperson's words: a state has no valid interest, under the Constitution, in attempting to police other states' voting procedures.
The separate statement from Alito/Thomas is based on their view (not shared by a majority of the court) that SCOTUS is obligated to take up any case that invokes the court's "original jurisdiction." It's a technical issue and says nothing about the underlying merits of the case.
Read 4 tweets
10 Dec 20
We will get multiple opinions today. 1st is Rutledge v. Pharmaceutical Care Mgmt Assoc. SCOTUS reversed the 8th Cir. to hold that an Arkansas’ statute regulating pharmacy benefit managers’ drug-reimbursement rates is not pre-empted by ERISA.

It's 8-0. supremecourt.gov/opinions/20pdf…
Next the court holds that prosecutions for rape against military service members were timely under the Uniform Code of Military Justice in United States v. Briggs. Justice Alito writes for the full court, 8-0.

Still expecting at least one more opinion.

supremecourt.gov/opinions/20pdf…
Justice Breyer for the 8-0 court in Carney v. Adams declining to decide the merits of a 1st Amendment challenge to Delaware's judicial selection process and finding that the challenge lacked legal standing.

At least one more opinion coming.

supremecourt.gov/opinions/20pdf…
Read 5 tweets
8 Dec 20
At 10 a.m. EST, SCOTUS will examine Facebook’s calling and texting capabilities in the context of a 1991 consumer protection law that bans robocalls. It’s a classic case of whether technology can outrun the language of the law.

Overview by @AmandaShanor. scotusblog.com/2020/12/case-p…
At 11 a.m. EST, the court will hear a case for the second time on a slightly different issue about the scope of the Federal Arbitration Act in a dispute between two dental companies.

A bit of deja vu in the case preview from Ronald Mann.

scotusblog.com/2020/12/case-p…
Listen live to both cases on C-SPAN beginning at 10 a.m. linked below.

Facebook, Inc. v. Duguid: c-span.org/video/?477436-…

Henry Schein , Inc. v. Archer & White Sales, Inc.: c-span.org/video/?477437-…
Read 4 tweets

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