#SCOTUS grants one new case:
- Neilsen v. Preap (16-1363)
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#SCOTUS denies certiorari in Hidalgo — the longstanding Arizona death penalty case. Justice Breyer — joined by Ginsburg, Sotomayor, and Kagan — write "respecting the denial of certiorari." Breyer writes that he agrees with the cert denial bc the record here is undeveloped.Show this thread -
#SCOTUS also denies review in Garco Construction v. Speer — the Seminole Rock/Auer deference case. Thomas, joined by Gorsuch, dissents from the cert denial. Thomas writes that this would have been "an ideal case to reconsider Seminole Rock deference."Show this thread -
#SCOTUS denies review in Glen Campbell's case out of Ohio. Sotomayor writes "respecting the denial of certiorari." Sotomayor writes that there could be an 8th Amendment claim for an "unreviewable" life-without-parole sentence.Show this thread -
Campbell did not raise an 8th Amendment claim here, so lower courts did not consider it. Sotomayor, in an unusual conclusion, writes, "I believe the Ohio courts will be vigilant in considering it in the appropriate case."
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No news in the
#SCOTUS orders relating to the PA redistricting case stay request. It remains pending, but, at this point, it would be shocking if the court granted the stay given how long they've had the request and given Tuesday's PA congressional filing deadline.Show this thread -
Here is the full
#SCOTUS orders list: https://www.supremecourt.gov/orders/courtorders/031918zor_h3ci.pdf …Show this thread -
Neal Katyal, who was the lawyer for Hidalgo at the Supreme Court, responds to today's cert denial —>https://twitter.com/neal_katyal/status/975735193632935936 …
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Here’s my report on Hidalgo, the Arizona death penalty case the Supreme Court turned down today, and the aspect of the ruling that has death penalty opponents seeing cause for some hope.https://www.buzzfeed.com/chrisgeidner/death-penalty-opponents-see-some-good-news-in-the-supreme?utm_term=.ivV44NPMlO …
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